Gujarat Gazette, Part Part -IV Extra, 1994

Extra Ordinary Part - IV / 1994

Extra No.       Date         Department
Extra No.1      10-02-1994   Legislative & Parliamentary Affairs Department
Extra No.2      21-02-1994   Legislative & Parliamentary Affairs Department
Extra No.3      21-02-1994   Legislative & Parliamentary Affairs Department
Extra No.4      15-03-1994   Legislative & Parliamentary Affairs Department
Extra No.5      16-03-1994   Legislative & Parliamentary Affairs Department
Extra No.6      16-03-1994   Legislative & Parliamentary Affairs Department
Extra No.7      31-03-1994

Information & Broadcasting Department

Extra No.8      31-03-1994   Home Department
Extra No.9      31-03-1994   Finance Department
Extra No.10     31-03-1994   Revenue Department
Extra No.11     13-04-1994   Education Department
Extra No.12     25-04-1994   Legislative& Parliamentary Affairs Department
Extra No.13     28-06-1994   Legislative& Parliamentary Affairs Department
Extra No.14     28-06-1994   Legislative & Parliamentary Affairs Department
Extra No.15     01-07-1994   Legislative & Parliamentary Affairs Department
Extra No.16     06-07-1994   Legislative & Parliamentary Affairs Department
Extra No.17     06-07-1994   Legislative& Parliamentary Affairs Department
Extra No.18     22-07-1994

Gujarat Legislature Secretariat

Extra No.19 27-07-1994

Gujarat Legislature Secretariat

Extra No.20     27-07-1994    Legislative & Parliamentary Affairs Department
Extra No.21     27-07-1994    Legislative & Parliamentary Affairs Department
Extra No.22     27-07-1994

Gujarat Legislature Secretariat

Extra No.23 27-07-1994

Gujarat Legislature Secretariat

Extra No.24 13-09-1994 Legislative & Parliamentary Affairs Department Extra No. 1

REGISTERED NO . G/ GNR/ 2.

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ]

THURSDAY , FEBRUARY 10 , 1994/MAGHA 21 , 1915

Separate paging is given to this Part in order that t may be filed as a separate compilation .

PART IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor shed for general information. on the 10th February, 1994 is hereby published

SMT . K. R. TRIVEDI ,

Secretary to the Government of Gujarat , Legislative and Parliament.Affairs Department.

GUJARAT ACT NO . 1 OF 1994 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette" on the 10th February, 1994) .

AN ACT

to amend the Gujarat Motor Transport Vehicles Toll Act , 1992 .

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows :-

1. (1) This Act maybe called the Gujarat Motor Transport Vehicles. Toll (Amendment) Act , 1994 .

(2) It shall be deemed to have come into force on the 1st September , 1993.

Short title and commen- cement .

Guj . 7 of

1992 .

2. In the Gujarat Motor Transport Vehicles Toll Act , 1992 (hereinafter referred to as "the principal Act" ) , in section 3, for sub -section (1) , the following shall be substituted, namely :-

Amend- ment of section 3 ofGuj . T of 1992.

59 of 1988 .

"(1) Notwithstanding anything contained in any law for the time being in force , there shall be levied and collected a toll on every entry in the State of Gujarat, of a motor transport vehicle plying under a permit granted or deemed to have been granted under the Motor Vehicles Act , 1988 by an authority having jurisdiction out- side the State of Gujarat, at such rate not exceeding one hundred rupees per vehi- cle, as the State Government may, by notification in the Official Gazette , specify. " .

1-1

IV-Extra - 1-1

INDEX [PART IV

1-2

GUJARAT GOVERNMENT GAZETTE , EX. , 10-2-1994

Guj . Ord:, 3.of 3. (1) The Gujarat Motor Transport Vehicles Toll (Amendment ) Ordinance , 1993 is hereby repealed.

1993. Repeal savings . and....

(2) Notwithstanding such repeal, anything done or any action taken under tlie principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX La No. 2

REGISTERED NO. G/GNR/ 2

The Gujarat Government Gazette

EXTRAORDINARY

PIIRI ISHED BY AUTHORITY

Vol . XXXV ] MONDAY , FEBRUARY 21 , 1994/PHALGUNA 2 , 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .

The following Act ofof the Gujarat Legislature having been assented to by the Governor on the 19th February, 1994 is hereby published for general information.

SMT . K. R. TRIVEDI ,

Secretary to the Government of Gujarat , Legislative and Parliament Affairs Depart- ment .

GUJARAT ACT NO . 2 OF 1994 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette" on the 21st February, 1994) .

AN ACT

TO AMEND THE SOUTH GUJARAT UNIVERSITY ACT , 1965 .

It is hereby enacted in the Forty - fifth Year of the Republic of India as follows:-

1. This Act may be called the South Gujarat University (Amendment) Act, 1993 .

Short title .

Guj . 38 of1965.

2. In the South Gujarat University Act, 1965 , in section 2, in clause (3 ), for the words "leadingto a degree" , the words "leading to a diploma or a degree" shall be substituted .

Amend- ment of section 8 of Guj . 38 of 1965.

2-1

IV -Extra-2-1 、

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 3

REGISTERED NO. G/GNR/2.

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ]

MONDAY , FEBRUARY 21 , 1994/PHALGUNA 2 , 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature having been assented to by the Governor on the 19th February , 1994 is hereby published for general information.

SMT . K. R. TRIVEDI , Secretary to the Government of Gujarat, Legislative and Parliament Affairs Department .

GUJARAT ACT NO . 3 OF 1994 .

(First published after having received the assent of the Governor in the "Gujarat . Government Gazette " on the 21st February, 1994) .

AN ACT

FURTHER TO AMEND THE GUJARAT INDUSTRIAL DEVELOPMENT ACT, 1962.

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows:-

1992 .

1. This Act may be called the Gujarat Industrial Development (Amendment ) Act, Short titles

2. In the Gujarat Industrial Development Act , 1962, section 44A shall be deleted .

Guj. XXIII of 1962 .

Deletion of section 44A, of Guj . XXIII of 1962.

3-1

IV-Extra-3-1-

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX REGISTERED NO. G/GNR/2.

Extra No. 4

सत्यमेव समते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV)

TUESDAY , MARCH 15, 1994 /PHALGUNA 24, 1915

Separate paging is given to this Part in order that t may be filed as a separate compilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been asssented to by the President on the l5th March, 1994 is hereby published for general information.

KUM . H. K. JHAVERI.

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department.

GUJARAT ACT NO . 4 OF 1994 .

(First published , after having received the assent of the President in the "Gujarat Government Gazette" on the 15th March , 1994 ) .

AN ACT

further to amend the Bombay Animal Preservation Act, 1954.

WHEREAS it is established that cow and her progeny sustain the health of the nation by giving them the life giving milk which is so essential an item in a scienti- fically balanced diet ;

AND WHEREAS the working bullocks are indispensable for our agriculture for they supply power more than any other animal ;

AND WHEREAS the working bullocks are often useful in ploughing the fields, drawal of water from the wells and also very useful for drawing carts for transporting grains and fodders from the fields to the residences of farners as well as to the Agicultural Market Yards :

AND WHEREAS the dung of the animal is cheaper than the artificial manures and extremely useful for production of bio -gas ;

AND WHEREAS it is established that the back-bone of Indian agriculture is , in. a manner of speaking, the cow and her progeny and have, on their back , the whole structure of the Indian agriculture and its economic system ;

4-1

IV- Ex -4-1

INDEX 4-2

GUJARAT GOVERNMENT GAZETTE EX . 15-3-1994

[PART IV

AND WHEREAS it is expedient to give effect to the policy of the State towards securing the principles laid down in articles 47, 48 and in clauses (b) and (c) of articles 39 of the Constitution of India andto protect , preserve and sustain cow and its progeny ;

It is hereby enacted in the Forty - fifth Years of the Republic of India as follows :-

1. (4) This Act may be called the Bombay Animal Preservation (Gujarat Amend- ment) Act , 1994.

(2) It shall be deemed to have come into force on the 23rd September , 1993 .

Short title and commen- cement .

2. In the Bombay Animal Preservation Act, 1954 (hereinafter referred to as "the principal Act ") , in section 5 ,-

Bom. LXXII of1954 .

(1) in sub -section ( LA) , for clauses (c) and (d) , the following clauses shall be sub- stituted, namely :

Amend- ment of section 5 ofBom. LXXII kof 1954.

(d) a bullook. " ;

(2 ) in sub --section (3)

(i) in clause (a) , sub -clauses ( ii ) and ( iii) shall be deleted ;

(ii) in clause (b) , after the words " calf of a cow", the words "bull or bullock " shall be inserted .

Guj . Ord. 4of1993 .

3. (1) The Bombay Animal Preservation (Gujarat Amendment ) Ordinance, 1993 is hereby repealed .

Repeal and savings.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR

INDEX Extra No. 5

REGISTERED NO . G/ GNR/2.

सत्यमेद अगरे

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ] WEDNESDAY , MARCH 16, 1994 /PHALGUNA 25, 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART- IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature having been assented to by the Governor on the 16th March, 1994 is hereby published for general information .

KUM. H. K. JHAVERI ,

of Gujarat, Secretary to the Government Legislative and Parliamentary Affairs Department.

GUJARAT ACT NO . 5 OF 1994.

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette" on the 16th March, 1994 ) .

AN ACT

TO AUTHORISE PAYMENT AND APPROPRIATION OF CERTAIN FURTHER SUMS FROM AND OUT OF THE CONSOLIDATED FUND OF THE STATE OF GUJARAT FOR THE SERVICES OF THE YEAR ENDING ON THE THIRTY- FIRST DAY OF MARCH , 1994.

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows :-

1. This Act may be called the Gujarat (Supplementary) Appropriation Act, 1994. Shorit title,

2. From and out of the Consolidated Fund of the State of Gujarat , there shall be paid and applied sums net exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of nine hundred seventy-two crores, twenty-one lakhs, ninety- one thousand rupees towards defraying the several charges which will come in course of payment during the financial year ending on the thrity- first day of March, 1994 , in respect of the services and purposes specified in column 2 of the Schedule.

Issue of Rs . 91,000 9,72,21 ,- from and out of the Consoli- dated Fund of the State of Gujarat for the finan- cialyear 1993-94.

Appro priation.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of Gujarat by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 16-3-1994

5-2

THE SCHEDULE

(See sections 2 and 3)

Services and purposes

No. of Vote/ Appro- priation

Sums not exceeding

Total Voted Charged on the Consolidated Fund

Rs .

Bs .

Rs.

61,000

1,000

60,000

Revenue

Agriculture, Cooperation and Rural Development Department

Revenue

Agriculture

Capital

Revenue 3. Minor Irrigation Soil Conserva- tion and Area Development

Revenue Animal Husbandry and Dairy Development

Capital

76,52,16,000 76,52,16,000

78,34,000 78,34,000

1,08,73,000

93,000

1,07,80,000

1,15,05,000 1,15,05,000

1,000 1,000

Revenue

Fisheries

[Б.

1,000 , 1,000

Revenue

6 . Co-operation

Capital Other Expenditure pertaining to Agriculture, Co -operation and Rural Development Department

9,10,000 9,10,000

Revenue

8. Education. Department

99,36,89,000

11,77,06,000

187,59,83,000

Revenue

Education

Revenue

11 . Energy and Petro- chemicals Department

Revenue

13. Energy Projects

Revenue

5. Finance Department

5,04,56,10,000 5,04,56,10,000

11,49,000 11,49,000

88,000

Revenue

17. Treasury and Accounts Administration

29,55,00,000 29,55,00,000

Revenue

18. Pensions and other Retirement Benefits

19. Other Expenditure pertaining to Finance Department

Capital

Revenue

20. Repayment of Debt pertaining to Finance Department and its Servicing

Capital

INDEX

40,27,00,000.

26,99,000

40,00,01,000

10,80,80,000

27,76,01,000

27,76,01,000 PART IV]

5-3

GUJARAT GOVERNMENT GAZETTE ,

No. of

Vote/ Services and purposes

Appro-

priation

Revenue

21. Food and Civil Supplies Department

Revenue

22. Civil Supplies

Capital

Revenue 23. Food

Cupital

Capital

24. Other Expenditure pertaining to Food and Civil Supplies Department

Revenue 25. Forest and Environment Department

Revenue 26. Forests

Revenue 29. Governor

Revenue 30. Council of Ministers

31. Elections

Revenue

Revenue 32. Public Service Commission

Revenue 33. General Administration Department

34. Economic Advice and Statistics Revenue

Revenue

35. Other Expenditure pertaining to General Administration Department

Capital

Revenue

38. Health and Family Welfare Department

39. Medical and Public Health

Revenue

40. Family Welfare

Revenue 41. Water Supply

Capital

Revenue

42. Other Expenditure pertaining to Health and Family Welfare Department .

INDEX

EX . , 16-3-1994

Sums not exeeding

Voted

Total Charged on the Consolidated Fund

Rs ..

Rs .

Rs.

4,33,000

13,26,000

5,000

13,31,000

63,49,000

40,42,000

2,39,000

42,81,000

23,000

1,23,000

12,72,000

3,000

4,55,000

4,58,000

4,75,000

39,97,000

1,88,53,000

17,000- 1,88,70,000

8,50,000

19,59,000

9,76,000

46,51,000

46,54,000

34,65,000

8,65,000

8,69,73,000

3,40,000 8,73,13,000

13,77,92,000

6,56,00,000

$6,56,00,000

20,000

63,000

43,000 5-4

[PART IV

GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 16-3-1994

Services and purposes

No. of Vote/ Appro- priation

Sums not exceeding

Total Voted

Charged on the Consolidated Fund

Rs .

Rs.

Rs .

Revenue

43. Home Department

44. Police

Revenue

45. Jails

41,70,000 41,70,000

17,15,76,000

1,000 17,15,77,000

Revenue

1,64,58,000- 1,64,58,000

Revenue

47. Other Expenditure pertaining to Home Department

1,000

5,07,000 5,08,000

Revenue

49. Stationery and Printing

50. Industries

Capital

9,27,45,000- 9,27,45,000

8,51,83,000 8,51,75,000

8,000

Revenue

Capital 52. Other Expenditure pertaining to Industries and Mines Department

86,15,000- 86,00,000

15,000

50,00,000>

Revenue

54. Information and Publicity

20,49,000 .

19,29,000

1,20,000

Revenue

56. Other Expenditure pertaining to Information , Broadcasting and Tourism Department

1,04,000

Revenue

61. Administration of Justice

Capital 64. Narmada Development Scheme

65. Irrigation and Soil Conservation Revenue

Capital 1,000

2,000

1,000

9,37,56,000

97,09,000 79,39,000

17,70,000

3,65,18,000.

2,49,97,000

1,15,21,000

Revenue

66. Other Expenditure pertaining to Narmada and Water Resources Department

Capital

2,57,84,000 .

2,57,84,000

5,80,000 .

5,80,000

Revenue

67. Panchayats and Rural Housing Department

3,05,000) 3,05,000

Revenue

68. Community Development

22,93,000 .

22,93,000

Revenue

69. Rural Housing

Revenue 70. Compensations and Assignments

Revenue

71. Other Expenditure pertaining to Panchayats and Rural Housing Department

Capital

Revenue

12. Revenue Department

6,88,01,000/

6,19,70,000

68,31,000

1,29,39,000

1,29,39,000 .

1,49,50,000 .

1,49,50,000

1,03,000

1,03,000.

8,93,000 8,93,000

1,000

6,58,000 .

6,57,000.

Revenue

Tax Collection Charges (Revenue Department)

INDEX 5-5

EX . , 16-3-1994

GUJARAT GOVERNMENT GAZETTE,

PART IV]

Services and purposes

No. of Vote/ Appro- priation

Revenue

74. District Administration

Revenue

75. Relief on account of Natural Calamities

Capital

Revenue

Dangs District

76.

Revenue

77. Compensation and Assignments

Sums not exceeding

Total Voted Charged on the Consolidated Fund

Rs.

Rs .

1,08,21,000 1,08,21,000

1,000 1,000

2,67,00,000 2,67,00,000

45,06,000 45,06,000

93,000 2,01,00,000 2,00,07,000

1,20,30,000 1,20,30,000

Revenue

(

78. Other Expenditure pertaining to Revenue Department

Revenue

Non-Residential Buildings

80.

Capital

Capital 81. Residential Buildings

Revenue

82. Roads and Bridges

Capital

Capital 83. Ports

Revenue

84. Gujarat Capital Construction Scheme

Capital

Revenuo

85. Other Exponditure pertaining to Roads and Buildings Department

Revenue

88. Social Security and Welfare

Revenue

89. Welfare of Scheduled Tribes

Capital

90. Other Expenditure pertaining to Social Welfare and Tribal Development Department

Revenue

91. Special Component Plan for Scheduled Castes

Capital

Revenue

Tribal Area Sub -Plan

92.

Capital

IV-Extra-5-2

INDEX

72,000

1,01,000

98,000

3,000

3,09,77,000

9,77,000

40,52,22,000

52,22,000

73,00,000 73,00,000

16,16,000 16,16,000

7,79,000

1,48,21,000

69,96,000

78,25,000

5,20,41,000 5,20,41,000

1,66,52,000 ,66,52,000

5,80,000 5,80,000

2,99,27,000 2,99,27,000

43,00,000 43,00,000

9,26,000 7,43,38,000 7,34,12,000

9,67,000 4,09,67,000 5-6

EX . , 16-3-1994-

GUJARAT GOVERNMENT GAZETTE ,

Services and purposes

No. of Vote/ Appro- priation

Revenue 94. Urban Housing

Revenue

95. Urban Development

Revenue 99. Youth Services and Cultural Activities

Revenue

Total :

Capital

Grand Total

[PART IV

Sums not exceeding

Total Voted

Charged on the Consolidated Fund

Rs .

2,78,15,000

57,000

30,27,000

7,87,40,02,000 35,62,57,000 8,23,02,59,000

31,23,94,000 1,49,19,32,000 1,17,95,38,000

9,72,21,91,000

66,86,51,000

9,05,35,40,000

-GOVERNMENT CCENTRAL PRESS, GANDHININAGAR.

INDEX REGISTERED NO . G /GNR/Z Extra No.. 6

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

WEDNESDAY , MARCH 16 , 1994/PHALGUNA 25, 1915

Vol . XXXV]

Separate paging is given to this Part in order that it may be filed as a separate coruptlation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 16th March , 1994 is hereby published for general information .

Kum . H. K. JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 6 OF 1994 .

( Firstpublished , after having received the assent of the Governor in the "Gujarat Government Gazette " on the 16th March , 1994) .

AN ACT

to authorise withdrawal of certain sums from and out of the Consolidated Fund of the State of Gujarat for the services of a part of the financial year ending on the thirty- first day of March , 1995 .

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows : -

Shorttitle.

1. This Act may be called the Gujarat Appropriation (Vote on Account) Act, 1994.

2. From and out of the Consolidated Fund of the State of Gujarat , there may be withdrawn sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of three thousand two hundred seven crores , seventy- eight lakhs , seventy- nine thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1994-95.

Withdrawal Rs. of 32,07,78,79 000 from and out of the Consolidated Fund of the State Gujarat for the financial year 1994- 95. of

Appropriation 3. The sums authorised to be withdrawn from and out of the Consolidated Fund of the State of Gujarat by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year .

IV . Extra - 6 -1

6-1

INDEX [PART IV 6-2

GUJ . GOVT . GAZ . , EX. , 16-3-94

THE SCHEDULE

(See sections 2 and 3)

Sums not exceeding

No.of

Services and purposes

Vote/

Total

Charged on the

Voted

Appro-

Consolidated

priation.

Fund

Rs.

80,15,000

Revenue

1. Agriculture , Co - operation and . Rural Development Department

86,45,24,000

Revenue,

2. Agriculture

5,01,67,000

Capital

9,88,06,000

Revenue

3. Minor Irrigation , Soil Conserva- tion and Area Development.

28,33,000

Capital

9,55,11,000 .

9,55,11,000

Revenue

4. Animal Husbandry and Dairy Development

1,33,000

Capital

4,06,98,000

Revenue

5. Fisheries

1,20.67,000

1,20,67,000

Capital

6,36,13,000

Revenue

6. Co -operation

3,72,800,000

3,7'2,80,000

Capital

2,39,25,0000

2,39,25,000

Capital

7. Other expenditure pertaining to Agriculture , Co- operation and Rural Development Department

44,60,0000

44,60,000

Revenue

8. Education Department

5,15,57,86,00-0

12,24,00,000

5,013,33,86,000

Revenue

9. Education .

Capital

1,50,63,000

Revenue

10. Other expenditure pertaining to Education Department ,

18.29,90,000

18,29,90,000

Capital

INDEX 6-3

GUJ . GOVT . GAZ . , EX . , 16-3-94

PART IV]

No.of

Sums not exceeding

Vote/ Services and purposes

Voted

Total Appro- priation .

Charged on the Consolidated

Fund

Rs..

Rs.

Revenue 15,78,000

15,78,000 11. Energy and Petro -Chemicals. Department

Revenue

87,49,000

87,49,000 12. Tax collection charges (Energy and Petro- Chemicals Department)

Revenue 1,66,67,000

13. Energy Projects ,

1,66,67,000

17,80,000

Capital

17,80,000 14. OtherExpenditure pertaining to Energy and Petro-Chemicals Department

Revenue 84,95,000

15 . Finance Department

84,95,000

1,19,000

Capital

1,19,000

Revenue

10,18,73,000

10,18,73,000 16. Tax Collection Charges (Finance Department)

Revenue 6,09,97,000

6,09,97,000 17. Treasury and Accounts Administration

Revenue

85,72,83,000

1,33,000 85,74,16,000 18 . Pension and other Retirement Benefits

Revenue

1,61,17,63,000

1,61,17,63,000 19. Other Expenditure pertaining to Finance Department

2,53,05,000

Capital

33,000 2,53,38,000

Revenue

3,55,79,32,000

20. Repayment of Debt pertaining to Finance Department and its Servicing

Capital

4,46,76,78,000

Revenue

94,38,000

94,38,000 21. Food and Civil Supplies Department .

Revenue

22 Civil Supplies

6.49,25,000

6,49,25,000

34,000

Capital

34,000

23. Food

1,84,24,000

Revenue

1,84,24,000

Capital

8,33,000

INDEX 6-4

GUJ . GOVT . GAZ . , EX.; 16-3-94

[PART IV

No.of

Sums not exceeding

Services and purposes,

Voted

Total Vote/ Appro- priation.

Charged onthe Consolidated Fund

Rs.

37,60,000

Capital

24. Other Expenditure pertaining to Food and Civil Supplies Department

Revenue

22,69,000

22,69,000 25. Forest and Environment Department

26, Forests

14,09,43,000

Revenue 14,09,43,000

14,41,34,000

Capital

Revenue

27. Environment

56,00,000

76,00,000

Capital

76,00,000

28. Other Expenditure pertaining to Forests and Environment Department

Revenue

29. Governor

25,68,000

Revenue

30. Council of Ministers

73,58,000

Revenue

31. Elections

51,01,000

Revenue

32. Public Service Commission

50,07,000

40,55,000

9,52,000

33,

Revenue

3,12,91,000

General Administration Department

34. Economic Advice and Statistics Revenue 1,40,76,000

1,40,76,000

INDEX PART IV]

GUJ . GOVT. GAZ . , EX. , 16-3-94

No.of

Vote/ Services and purposes

Appro-

priation .

6-5

Sums not exceeding

Voted

Total

Charged onthe Consolidated Fund

Rs.

Revenue

35. Other Expenditure pertaining. to General Administration Department

Capital 14,46,15,000

14,46,15,000

1,74,05,000

Revenue

36. State Legislature

Capital 37. Loans and Advances to Govern- ment servants in Gujarat Legislature Secretariat,

1,22,85,000

1,33,000 1,24,18,000

20,37,000

Revenue 38. Health and Family Welfare Department.

39. Medical and Public Health

69,37,000

Revenue

40 . Family Welfare

94,62,12,000

いと

22,53,33,000

Revenue 22,53,33,000 :

41 Water Supply

Revenue 22,63,05,000

22,63,05,000

Capital 55,55,50,000

55,55,50,000

Revenue 8,47,98,000

42. Other expenditure pertaining to Health and Family Welfare Department

Capital

8,47,98,000

4,10,90,000

Revenue

43. Home Department

44 Police

56,07,000

Revenue 1,04,40.10,000

45. Jails

Revenue

Revenue 46. Transport

IV . Extra - 2

INDEX

1,04,40,10,000

2,94,35,000

3,76,92,000

3,76,92,000 [PART IV GUJ . GOVT . GAZ . , EX. , 16-3-94

6-6

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation.

Chargedonthe Consolidated Fund

Rs.

44,000

Revenue

8,02,18,000

8,01,74,000

47.

1,10,18,000

Capital

Other Expenditure pertaining. to Home Department

36,58,000

Industries and Mines Department Revenue

48.

Revenue 7,48,90,000

49.   Stationery and Printing                                                   7,48,90,000
50.   Industries                     Revenue                                   24,43,70,000

24,43,70,000

39,33,000

Capital

Revenue

2,47,47,000 51. Mines and Minerals

2,47,47,000

Revenue

15,88,000

85,00,000 52. Other Expenditure pertaining to Industries and Mines Department

85,00,000

Capital

9,90,000

Revenue

53. Information , Broadcasting and Tourism Department .

Revenue

4,28,34,000

54. Information and Publicity

Revenue

Tourism

77,25,000 55.

77,25,000

Capital

46,77,000

56.

Revenue

Capital

Other Expenditure pertaining to Information , Broadcasting and Tourism Department

Revenue

23,42,000

57. Labour and Employment Department

13,96,92,000

Revenue

58. Labour and Employment

67,000

Capital

59 .

97,70,000

Capital

Other Expenditure pertaining to Labour and Employment .

Department

INDEX 6-7

GUJ . GOVT. GAZ . , EX . , 16-3-94

PART IV ]

No.of

Vote/ Services and purposes

Appro- priation.

Sums not exceeding

Total Voted. Chargedon the

Consolidated

Fund

Rs.

Revenue

60. Legal Department

47,07,000 47,07,000

8.000 8,000

Capital

61. Administration of Justice 12,19,14,000

13,78,92,000

1,59,78,000

Revenue

46,30,000 40,30,000

62. Other Expenditure pertaining to Revenue Legal Department

58,05,000 58,05,000

Capital

Revenue

63 . Legislative and Parliamentary Affairs Department

64. Other Expenditure pertaining to Legislative and Parliamentary Affairs Department

25,40,000 25,40,000

11,10,000 11,10,000

Capital

Revenue

65. Narmada and Water Resources Department

62,70,000

2,55,64,15,000

Capital

66. Narmada Development Scheme 2,55,64,15,000

1,65,52,88,000

Revenue

67. Irrigation and Soil Conservation

1,65,52,88,000

58,41,27,000 58,41,27,000

Capital

4,67,000 4,67,000

Revenue

68. Other Expenditure pertaining to Narmada and Water Resources Department

3,42,95,000

Capital

38,11,000

Revenue

69 Panchayats and Rural Housing Department

38,11,000

29,03,12,000 .

Revenue

70. Community Development 29,03,12,000

2,77,000

Capital

INDEX

2,77,000 [PART IV

GUJ . GOVT. GAZ. , EX. , 1 6-3-94

6-8

Sums not exceeding

No.of

Services and purposes

Total

Chargedon the

Voted

Vote/ Appro- priation.

Consolidated Fund

Rs.

26,19,27,000

16,83,67,000

Revenue 9,35,60,000

71. Rural Housing

77,33,000

Capital

5,60,94,000

Revenue

72. Compensations and Assignments

3,28,03,000

Revenue

7,25,85,000

Capital

73: Other Expenditure pertainingto Panchayats and Rural Houing Department

1,00,52,000

Revenue

74. Revenue Department

9,20,94,000

9,33,000

Revenue 9,11,61,000

75. Tax Collection Charges (Revenue Department)

9,41,47,000

Revenue 9,41,47,000

District Administration

76.

28,25,00,000

Revenue

77. Relief on account of Natural Calamities

8,33,000

Capital

4,43,37,000

Revenue 4,43,37,000

Dangs District

78.

17,000

Capital

2,66,05,000

14,23,000

2,51,82,000

Revenue

Compensations and Assignments

79.

33,67,000

14,67,000

19,00,000

Capital

15,82,000

2,000

15,80,000

Revenue

80. Other Expenditure pertaining to Revenue Department

1,92,10,000

Capital

83,72,000

81. Roads and Buildings Department Revenue

INDEX 6-9

GUJ . GOVT . GAZ . , EX. , 16-3-94

PART IV]

No.of

Vote/ Services and purposes

Appro-

priation.

Sums not exceeding

Total Voted

Charged on the

Consolidated

Fund

Rs.

30,63,38,000

1,04,000

30,62,34,000.

Revenue

Non - Residential Buildings 82.

10,78,35,000 10,78,35,000

Capital

13,09,17,000 13,09,17,000

Revenue

83. Residential Buildings

2,22,58,000 2,22,58,000

Capital

77,11,52,000 77,11,52,000

Revenue

84. Roads and Bridges

15,22,33,000 15,22,33,000

Capital

85. Ports

2,73,33,000

Capital

75,64,000

Flevenue

86. Gujarat Capital Construction

Scheme

75,64,000

2,23,33,000 2,23,33,000

Capital

87.

2,24,60,000

Revenue

Other Expenditure pertaining to Roads and Buildings Department

                                   Capital    1,90,86,000                    1,90,86,000
88.   Social Welfare and Tribal    Revenue      32,91,000                      32,91,000
      Development Department
89.   State Excise                 Revenue      78,95,000                      78,95,000
                                              22,96,84,000                  22,96,84,0100

Revenue

90. Social Security and Welfare

46,67,0.00 46,67,000

Capital

9,01,06,000

Revenue

91. Welfare of Scheduled Tribes 9,01,06,000

17,27,000 17,27,000

Capital

92.

73,80,000

Capital

Other Expenditure pertaining to Social Welfare and Tribal Development Department

IV . Extra - 3

INDEX 6-10

GUJ . GOVT. GAZ . , EX. , 16-3-94

[PART IV

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation.

Charged onthe Consolidated Fund

Rs.

93.

Revenue 37,51,44,000

37,51,44,000 Special Component Plan for Scheduled Castes

Capital 1,98,18,000 .

1,98,18,000 94. Tribal Area Sub - Plan

Revenue 88,52,59,000

88,52,59,000

Capital 23,57,46,000

23,57,46,000

21,92,000

Revenue

21,92,000 95. Urban Development and Urban Housing Department

96.

Revenue

Urban Housing

2,17,32,000 3,09,35,000

5,26,67,000

Capital 1,81,77,000

1,81,77,000

97..

Revenue

Urban Development

15,29,80,000

Capital 7,16,67,000

7,16,67,000

Revenue 8,47,87,000 2,07,81,000 10,55,68,000 Compensations, Assignment and tax collection charges

99.

37,71,000

Revenue

37,71,000 Other Expenditure pertaining to Urban Development and Urban Housing Department

Capital

30,55,000

100.

Revenue 10,50,000

10,50,000 Youth-Services and Cultural Activities Department

101.

Revenue 2,80,84,000

2,80,84,000 Youth Services and Cultural Activities

INDEX 6-11

GUJ , GOVT . GAZ . , EX . , 16-3-94

PART IV ]

No.of

Sums not exceeding

Vote/ Services and purposes

Voted

Total

Charged onthe Appro- priation .

Consolidated Fund

Rs.

17,50,000

17,50,000 102. Other expenditure pertaining to Capital Youth Services and Cultural Activities Department

Total

3,92,57,88,000 22,46,25,91,000

Revenue18,53,68,03,000

Capital 5,14,58,33,000 4,46,94,55,000 9,61,52,88,000

Grand Total

23,68,26,36,000 8,39,52,43,000 32,07,78,79,000

Government Central Press , Gandhinagar

INDEX Extra No. 7

REGISTERED NO . G/ GNR/2

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV] THURSDAY, MARCH 31 , 1994/CAITRA 10, 1916

Separate paging is given to this Part in order that it may be filed as a separate complilation .

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

INFORMATION, BROADCASTING AND TOURISM DEPARTMENT

Sachivalaya , Gandhinagar, Dated the 31st March , 1994.

GUJARAT ORDINANCE NO . 1 OF 1994 .

AN ORDINANCE

further to amend the Gujarat Tax on Luxuries ( Hotels and Lodging Houses ) Act , 1977 .

WHEREAS the Legislative Assembly of the State of Gujarat is not in session;

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate actionto amend the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act , 1977;

Guj . 24 of1977.

NOW , THEREFORE , in exercise of the powers conferred on him by clause ( 1 ) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely : --

1. Short title and commencement .-- ( 1 ) This Ordinance may be called the Gujarat Tax on Luxuries (Hotels and Lodging Houses ) (Amendment ) Ordinance, 1994.

(2) It shall come into foree on the 1st April, 1994 .

2. Guj . 24 of 1977 to be temporarily amended .-- During the period of operation of this Ordinance, the Gujarat Tax on Luxuries (Hotels and Lodging Houses ) Act, 1977 (hereinafter referred to as " the principal Act " ) shall have effect subject to amendment specified in section 3 . the Guj . 24 of1977.

7-1

IV- Extra-7-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE Ex. 31-3-1994

7-2

3. Amendment of section 2 of Guj . 24 of 1977.-- In the principal Act, in section 2, --

(1) for clause (d), the following clause shall be substituted, namely: --

"(d) hotel' means a building or part of a building where lodging accommodation with or without board is provided and includes a club, lodging house, gymkhana, inn, motel, public house or any place, where residential accommodation is provided for a monetary consideration ; ".

(2) in clause (è) , for the words " not less than thirty five rupees " , the words "more than one hundred rupees" shall be substituted .

STATEMENT

Under the existing provisions of the Gujarat Tax on Luxuries ( Hotels and Lodging Houses) Act, 1977, the clubs, gymkhanas and such other institutions though providing facility of accommodation of lodging for monetary consideration are not covered by the term 'hotel' and thereby Government looses revenue . In order to bring more revenue to the State Exchequer , it is considered necessary to widen the scope of the term 'hotel' defined in section 2 of the Act .

As the Gujarat Legislative Assembly is not in session, this Ordinance is promulgated to amend the said Act to achieve the aforesaid object .

SARUP SINGH,

Governor of Gujarat .

Gandhinagar, Dated the 31st March, 1994 .

By order and in the name of the Governor of Gujarat,

G. SUBBARAO, Additional Chief Secretary to Government.

GOVERNMENT CENTRAL PRESS , GANDHINAGA

INDEX Extra No. 8 .

REGISTERED NO . G/GNR/2.

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

THURSDAY , MARCH 31 , 1994/ CAITRA 10 , 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART- IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

HOME DEPARTMENT

Sachivalaya , Gandhinagar , Dated the 31st March , 1994.

GUJARAT ORDINANCE NO . 2 OF 1994 .

AN ORDINANCE

further to amend the Bombay Motor Vehicles Tax Act , 1958.

WHEREAS the Legislative Assembly of the State of Gujarat is not in session ,

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Bombay Motor Vehicles Tax Act , 1958;

Bom. LXV of 1958 .

NOW, THEREFORE, in exercise of the powers conferred on. him by clause ( 1 ) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely: --

1. Short title and commencement. ( 1 ) This Ordinance may be called the Bombay Motor Vehicles Tax (Gujarat Amendment ) Ordinance , 1994 .

(2) It shall come into force at once .

Bom. LXV of 1958.

2. Bom . LXV of 1958 to be temporarily amended . During the period of operation of this Ordinance, the Bombay Motor Vehicles Tax Act , 1958 ( hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in sections 3, 4 and 5.

3. Amendment of section 3A of Bom . LXV of 1958. In the principal Act, in section 3A, the following Explanation shall be added at the end, namely:-

"Explanation . For the purposes of this section , ' luxury designated omnibus' means any omnibus having seating layout of two and two or one and three or one and two or one and one on either side with a gangway of any width in between even though any one raw of seats in such omnibus consists of more than four seats. " ...

8-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE. Ex . 31-3-1994

8-2

4. Amendment of section 20 of Bom . LXV of 1958. In the principal Act , in section 20 ,-

(1) in sub-section (1) , after the words "Kutch area of the State of Bombay" , the words, brackets, figures and letters "and subject to the provisions of sub -sections (14) , (1B) , (10) , ( 1D) , (1E) and (1F) " shall be inserted;

(2) after sub - section ( 1), the following sub -sections shall be inserted, namely:--

Bom. III of 1875.

"(14) Notwithstanding anything contained in sub -section (1) and the provi-- sions of the Tolls on Roads and Bridges Act , 1875, but subject to the provisions ofsub- sections ( IB) , ( 10) , ( 1D) , ( 1E) and (1F), the State Government may levy toll on motor vehicles and trailers drawn by such vehicles passing over-

Guj . Ord.

2 of 1994 .

(a) any bridge including an approach road thereto or section of a new road or by-pass which is constructed, reconstructed, improved, or as the case may be, the repaired by the State Government or by any person at his expense after commencement of the Bombay Motor Vehicles TaxTax (Gujarat Amendment) Ordinance, 1994 and the total capital outlay of construction, reconstruction, improvements or as the case may be, repairs , of which is not less than fifty lakhs of rupees ; or,

an (b) any bridge including approach road thereto or section of new road or by-pass, which, in the opinion of the State Government , is of special service to the public.

Explanation .--For the purposes of this section, --

(i) the expression " capital outlay" shall include the anticipated cost of certain essential ongoings or imminent works like improvements , strengthening, widening, structural repairs and maintenance .

(ii) the expression "person" shall include any company or association or body of individuals, whether incorporated or not or a firm.

(iii) for the removal of doubt , it is hereby clarified that the expression 'constructed' shall include a bridge including an approach road thereto or section of new road or by-pass which is ready for use .

(1B) The toll levied under sub -section (14) shall be levied at such rate, for such period and on such bridges including an approach road thereto or section of new road or by--pass as the State Government may from time to time, by notification in the Official Gazette, declare:

Provided that not more than the capital outlay, interest thereon at such rate as the State Government may fix and the expenses of collection of toll shall be levied and collected under this section:

Provided further that when the bridge including an approach road thereto or sec- tion of a new road or by--pass is constructed, reconstructed, improved or as the case may be, repaired by a person other than the State Government, not more than the capital outlay, return on investment at such rate as the State Government may fix and the expenses of collection of toll shall be levied and collected under this section.

(1C) When the toll leviable under sub- section ( 14) on any bridge including an approach road thereto or section of a new road or by --pass which is constructed, reconstructed, improved or as the case may be , repaired,-

(2) byby the State Government , the State Government itself or through an agent authorised by it in this behalf;

(ii) by any person, such person or his servants ,

shall collect the toll on such terms and conditions and in such manner as may be prescribed.

(1D) Where any additional bridge, being the bridge on or below the same stream , river or creek or road or rail-track including any approach road thereto is constructed as

INDEX 8-3

EX. 31-3-1994

GUJARAT GOVERNMENT GAZETTE

PART IV]

augmentation of the facility of the use of the existing bridge including an approach road thereto then the network of such bridge including an approach road thereto shall be deemed to be one single entity for the purpose of levy of toll, so however that not more than the capital outlay of such additional bridge including an approach road thereto and the expenses of collection of toll shall be recovered.

(1E) The motor vehicles and trailers drawn by such vehioles liable to pay the toll under sub -section ( 1A ) of this section shall not be allowed to pass over the bridgə including an approach road thereto or section of a new road or by-pass unless the toll is paid and the State Government or the agent authorised by the State Government oras the case may be , by a person referred to in sub -section (IC) shall have power to prevent such vehicles from passing over the bridge .

(1F) (i) All motor vehioles and trailers drawn by such vehicles used by or on behalf of the State Government or the Central Government shall be exempted from the payment of toll .

(ii) Subject to such condition as it may impose, the State Government may, if it considers necessary so to do in the public interest , by notification in the Official Gazette, exempt any specified class or olasses of motor vehicles and trailers drawn by such vehicles from the payment of toll under this section." ;

(3) in sub- section (2) , for the words, brackets and figure " sub - section (1 ) ", the words , brackets, figures and letters " sub -sections (1 ), ( 1.4) , (1B ) , ( 10) , ( 10) (1E), (1F)" shall be substituted;

(4) in the marginal note , after the words "motor vehicles " , the words "except in certain exigencies" shall be added .

5. Amendment of section 23 of Bom . LXV of 1958. In the principal Act , in section 23, in sub - section (2 ) , after clause ( 1) , the following clause shall be inserted , namely: --

"(m) to prescribe the terms and conditions and the manner of collection of toll;".

INDEX [PART IV

8-4 GUJARAT GOVERNMENT GAZETTE, Ex. 31-3-1994

STATEMENT

The existing section 3A of the BombayMotor Vehicles Tax Act, 1958 provides for different rates of tax for ordinary designated omnibus and luxury or tourist designa- ted omnibus . The tax on the luxury or tourist designated omnibus is higher than ordmary omnibus . The expression "luxury omnibus " is not defined either in the Motor Vehicles Act , 1988 or in the said Bombay Act. Therefore, omnibus which is generally known as luxury bus and which conforms to the spcifications prescribed for toursit vehicles under the Central Act is taxed at the rates specified for luxury omnibus . It is noticed that the operators of the omnibus modify slightly the specifications prescribed for tourist vehicles in their vehicles and thereby evade the tax payable at the higher rates applicable to the luxury omnibus . In order to leave no scope for evasion. of tax levied on luxury omnibus , it is considered necessary to define the said expre- ssion by inserting Explanation in section 3A of the Act .

In view of the rapid development of industries in the State of Gujarat , it has become necessary to improve and upgrade the means of communication in the State . It is therefore , necessary to construct new bridge including approach roads , by- passes , section of a new road and to improve the riding quality of the existing roads to meet with the requirements of the heavy industrial traffic and other increased voluminous traffic in the State . Keeping in view the limited financial resources of the State , it is considered necessary to levy toll on motor vehicles and trailers drawn by such vehicles passing over bridge including approach roads thereto , section of a new road or by- passes which are constructed , reconstructed , improved or repaired after the commence- ment of the Bombay Motor Vehicles Tax (Gujarat Amedment ). Ordinance, 1994 and the total capital outlay of which construction, re -construction, improvements , or repaires. is more than fifty lakhs rupees or which are considered to be of special service to the public. It is therefore, considered expedient to amend section 20 of the Bombay Motor Vehicles Tax Act, 1958 to levy toll to the extent of the recovery of the capital. outlay and interest thereon. When the bridge is constructed by a person other than the State Government, a provision is also made to empower him to collect toll by such person not only to the extent of recovery of capital outlay but also of the return oninvestment made by such person. A provision is made to exempt all motor vehicles and trailers drawn by such vehicles used by or on behalf of State Government or the Central Government or such other vehicles as may be notified by the State Government . In this regard , a Bill called the Bombay Motor Vehicles Tax (Gujarat Amendment) Bill , 1994 was introduced in the Gujarat Legislative Assembly on 15th. February, 1994 but could not be taken up for consideration by the House for want of time.

As the Gujarat Legislative Assembly is not in session, this Ordinance is promulgated. to amend the said Act to achieve the aforesaid objects .

Gandhinagar,

Dated the 31st March , 1994 .

SARUP SINGH, Governor of Gujarat .

By order and in the name of the . Governor of Gujarat...

C. R. BISWAS,

Secretary to Government..

GOVERNMENT CENTRAL PRESS ; GANDHINAGAR

INDEX Extra No. 9

RAGISTERED NO. CONMA

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ]

THURSDAY, MARCH 31 , 1994/CAITRA 10, 1916

Separate paging is given to this Part in order that it may be fled as a separate compilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor,

FINANCE DEPARTMENT

Sachivalaya , Gandhinagar, dated the 31st March , 1994.

GUJARAT ORDINANCE NO . 3 OF 1994 .

AN ORDINANCE

further to amend the Gujarat Sales Tax Act, 1969 .

WHEREAS the Legislative Assembly of the State of Gujarat is not in session;

Guj . 1 of 1970 .

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Sales Tax Act, 1969;

NOW, THEREFORE , in exercise of the powers conferred on him by clause (1 ) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely :-

1. Short title and commencement .-( 1 ) This Ordinance may be called the Gujarat Sales Tax (Amendment )Ordinance , 1994.

(2) This section and section 10 shall come into force at once and the remaining sections ofthis Ordinance shall come into force on the 1st April , 1994.

Guj . 1

of1970 .

2. Guj . 1 of 1970 to be temporarily amended . During the period of operation of this Ordinance , the Gujarat Sales Tax Act, 1969 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 19 .

9-1

IV- Ex . 9-1

INDEX .9-2

GUJARAT GOVT . GAZETTE ΕΧ. , 31-3-94

[PART- IV

3. Amendment of section 3A of Guj . 1 of 1970. In the principal Act, in section 3A , in sub- section (5) , for the words " five paise " , the words " ten paise " shall be substituted.

4. Amendment of section 7 of Guj . 1 of 1970. In the principal Act , in section 7, the words , brackets and figure " of sub - section (1) " occurring at two places shall be deleted.

5. Amendment of section 10A of Guj . 1 of 1970.-In the principal Act, in section 10A,-

(1) in sub - section ( 1 ) ,--

(a) the words , brackets , letter and figures " except the dealer referred to in sub - clause (f) of clause (10) of section 2 " shall be deleted;

(b) the words , brackets and figures " and also goods wholly or partially exempt from payment of tax under sub- section (2) of section 49 " shall be deleted;

(2) after sub - section ( 1) but before the table, the following sub - section shall be inserted , namely: --

Guj .

Ord. 3

of1994.

"(1A) Where the turnover of all specified sales by any dealer liable to pay tax under section 3A has first exceeded rupees fifty lakhs or the aggregate of the turnover of all specified sales and the turnover of all sales by any dealer liable to pay tax under both the sections 3 and 3A has first exceeded rupees fifty lakhs , in any year in which the Gujarat Sales Tax (Amendment) Ordinance , 1994 comes into force , and every year thereafter , there shall be levied a turnover tax on taxable turnover of specified sales or the aggregate of taxable turnover of all specified sales and the taxable turnover of all sales effected by him of all taxable goods at the rates specified in the table below. " ;

(3) in sub- section (4) , for the words " the turnover of all sales " , the words " the turnover of all sales , the turnover of all specified sales or , as the case may be , the aggregate of turnover of all specified sales and the turnover of all sales " shall be substituted;

(4) the following explanation shall be added at the end, namely :-

"Explanation . -For the purposes of this section ,-

(1) the expression " taxable turnover " means turnover of taxable goods as derived after deductions made under sub- section (2) ; and :

ㅂ (2) the expression " taxable goods " means the goods which are taxable under this Act or which would have been taxable under this Act but for exemption granted under sub - sec- tion (2) of section 49. " .

6. Amendment of section 12 of Guj . 1 of 1970.- In the principal Act, in section 12,

(1) inclause(1), -

(a) in sub-clause (b) , the word " or " shall be added at the end ;

(b) after sub - clause (b) , the following sub - clause shall be inserted, namely: -

INDEX 93 PART - IV |

GUJARAT GOVT . GAZETTE ΕΧ . , 31-3-94

:." ( aa) that the goods are purchased by him for resale in the course of inter - State trade or commerce and that such goods will be resold within six months from the date of such purchase by himself. " ; A

(2) in clause ( 2) , -

(a) in sub - clause ( c) , the word " or " shall be added at the end; :

(b) after sub - clause ( c) , the following sub - clause shall be inserted, namely : -

"(aa) that the goods are purchased on behalf of his principal who is a licensed dealer for resale in the course of inter -State trade or commerce and that such goods will be resold by the principal himself in the course of inter - State trade or commerce within six months from the date of such purchase by the commission agent . " .

7. Substitution of section 13 of Guj . 1 of 1970. In the principal Act, for section 13 , the following section shall be substituted , namely :-

13. There shall not be deducted from the turnover of sales , sales of goods to a licensed dealer , recognised dealer or to a commission agent holding a permit purchasing on behalf turnover ex- of his principal , as provided in section 7 or 8 unless

"No deduc- tion from cept on a certificate .

(A) the licensed dealer ,

(i) certifies in the prescribed form that the goods are purchased for resale in the course of export out of the territory of India within six months from the date of such purchase by himself; or

(ii) certifies in the prescribed form that the goods specified in Schedule II - Part Bare intended, -

(a) for resale by him within the State of Gujarat otherwise than in the course of inter- State trade or commerce or export out of the territory of India within six months from the date of such purchase;

(b) for resale by him in the course of export out of the territory of India within six months from the date of such purchase; or

(B) the recognised dealer certifies in the prescribed form that the goods other than prohibited goods sold to him are goods purchased by him for use by him as raw or processing materials or as consumable stores in the manufacture of taxable goods for sale by him; or.

( i ) is a licensed dealer-

(a) and the goods will be resold by the principal himself in the course of export out of the territory of India within six months from the date of such purchase by the commission agent; or

(b) who will resell the goods specified in Schedule II - Part B , -

INDEX [PART-IV

GUJARAT GOVT . GAZETTE EX. , 31-3-94

(i) within the State of Gujarat otherwise than in the course of inter- State trade or commerce or export out of the territory of India within six months from the date of such purchase; or

(ii ) in the course of export out of the territory of India within six months from the date of such purchase; :

(ii ) is a recognised dealer , and the goods purchased being goods other than prohibited goods will be used by the principal as raw or processing materials or as, consumable stores in the manufacture of taxable goods for sale , and that the commission agent will despatch the goods to his principal or to the principal's order within three months from the date of such purchase by the commission agent . " .

8. Amendment of section 19A of Guj . 1 of 1970. In the principal Act , in section 19A, --

(1) in sub - section (2) , after the words " other than this section " , the words , figures and letter " and section 15B " shall be inserted; :

(2) the following explanation shall be added at the end , namely : -

" Explanation. For the purposes of this section , the expression " Oil cakes " shall mean oil cakes other than cotton seed oil cakes . " .

9. Insertion of new section 30AA in Guj . 1 of 1970. In the principal Act , after section 30A, the following new section shall be inserted , namely : --

Cancellation of certificate of registra- tion in certain circum- stances .

"30AA. Where a Registered dealer without entering into a transaction of sale issues to another Registered dealer a bill or cash memorandum with the intention to defraud the Govern- ment revenue or with the intention that the Government may be defrauded of its revenue, the Commissioner may , after making such inquiry as he thinks fit and giving a reasonable oppor- tunity of being heard , cancel the certificate of registration of the Registered dealer issuing or accepting such bill or cash memorandum either prospectively or retrospectively from such date- as the Commissioner may. , having regard to the circumstances of the case, fix :

Provided that notwithstanding the cancellation of a certificate of registration under this section ,-

(a) the liabi'city of the dealer shall continue in respect of any tax , penalty or interest for any period prior to the date of the order of the Commissioner cancelling the certificate of registration;

(b ) w'aere a dealer, who has purchased goods from the dealer whose certificate of registration's cancelled under this section at any time during the period commencing on the date of car cellation and ending on the date of the order of Commissioner cancelling the certificate of registration , proves to the satisfaction of the Commissioner that the tax due in respect of goods sold to him has been paid, such purchase of goods shall be deemed to have been ma de from a registered dealer. "

10. Substitution of section 42. of Guj . 1 of 1970. In the principal Act , for section 42, - the following section shall be substituted , namely:--

no order of assessment shall "42(1 ) . Where the Commissioner issues a notice under sub - section ( 6 ) of section 41 to any dealer for assessment of tax in respect of any period , be made for such part of the period, if any, as is prior to ,

Time Limit for comple tion of as- sessment .

INDEX 9-5

GUJARAT GOVT. GAZETTE EX. , 31-3-94

PART - IV ]

(a) a period of eight years ending on the last date of the year immediately preceding the year in which such notice is issued , in a case where the Commissioner has reason to believe that such dealer has failed to apply for registration with intention to defraud Government revenue ; and

(b) a period of four years ending on the last date as aforsaid , in any other case .

(2) Where a fresh assessment is required to be made in pursuance of any order under section 65,67 or 69 or in pursuance of an order of any court or authority , such fresh assessment shall be made at any time within three years from the date of such order :

Provided that in computing the period of limitation any period during which assess . ment proceedings are stayed by an order or injunction of any court or authority shall be excluded." .

11. Amendment of section 44 of Guj . 1 of 1970. In the principal Act , in section 44 , the third proviso shall be deleted.

12. Amendment of section 47 of Guj . 1 of 1970.- In the principal Act , in section 47,

(1) in sub - section (4A) , in the proviso , clause ( ii ) shall be deleted;

(2) after sub - section (4A) , the following sub - section shall be inserted, namely:-

" (4B) Where a dealer is liable to pay interest under sub - section

(4A) and he makes payment of an amount which is less than the aggregate of the amount of tax , the amount of penalty and the amount of interest, the amount so paid shall be first applied towards the amount of interest , thereafter the balance , if any , towards the amount of penalty and thereafter the balance , if any , towards the amount of tax ." .

13. Amendment of section 50 of Guj . 1 of 1970. In the principal Act , in section 50 , for the proviso, the following shall be substituted , namely: --

"Provided that the provisions of the proviso to sub - section (2 ) of section 42 shall mutatis mutandis apply to computation of period of limitation specified in this section . " .

14. Amendment of section 54 of Guj . 1 of 1970. In the principal Act , in section 54, in sub - section (1 ) , in clause (aa ) ,-

(1) after the words and figures " assessment under section 41 " , the words " for the specified year " shall be and shall be deemed always to have been inserted with effect on and from 1st April , 1993 ;

(2) the following explanation shall be and shall be deemed always to have been added at the end with effect on and from the 1st April 1993 , namely : -

"Explanation.-- For the purposes of this clause , the expression " specified year " means

(i) the financial year commencing on and from the 1st April 1993;

INDEX 9-6

GUJARAT GOVT. GAZETTE EΧ. , 31-3-94

[ PART- IV

(ii ) the calender year commencing on and from the 1st January 1993;

(iii) samvat year 2049 commencing from the kartak sud akam , or

(iv) any such year thereafter . " .

15. Amendment of section 66 of Guj . 1 of 1970. In the principal Act , in section 66 , clause (4) shall be deleted.

16. Amendment of section 75 of Guj . 1 of 1970. In the principal Act, in section 75 , in sub- section ( 1 ) , for the words " two thousand rupees " , the words " twenty thousand rupees " shall be substituted .

17. Amendment of Schedule I of Guj. 1 of 1970. In the principal Act , in Schedule I ,

(i ) for the entry at serial No. 14 , the following entry shall be substituted, namely: --

14 Cattle-feed including fodder, concentrates and cotton seed ' oil cakes but excluding cotton seeds , other oil cakes and de- oiled cakes .

(ii ) in the entry at serial No. 15A, in column 2, after the words " doors and windows " , the words " handmade papda and pidhia " shall be added.

18. Amendment of Schedule II, Part A to Guj . 1 of 1970. In the principal Act, in Schedule II, in Part A, -

(i) after the entry at serial No. 16, the following new entry shall be added , namely: -

16A Cast iron castings

four paise in the rupees .

four paise inthe rupee

( ii ) in the entry at serial No. 35, in columns 3 and 4, for the words " twenty one paise " , the words " twenty - five paise " shall be substituted;

( iii) in the entry at serial No. 74, in columns 3 and 4, for the words " seven paise " , the words " four, paise " shall be substituted..

19. Amendment of Schedule III to Guj . 1 of 1970. In the principal Act, in Schedule III , after the entry at serial number 16, the following new entry shall be added, namely :-

" 17. All goods other than those specified in Schedule I and in the preceding entries. " .

INDEX PART - IV ]

GUJARAT GOVT . GAZETTE , EΧ. , 31-3-94

9-7

STATEMENT

With a view to augmenting the financial resources of the State , preventing evasion of tax by removing certain lacunae in the Gujarat Sales Tax Act , 1969 and thereby bringing more revenue to State Exchequer and giving certain reliefs in the payment of tax , it is expedient to amend the provisions of the said Act . An opportunity is taken to amend the other provisions of the said Act streamlining the levy and recovery of the tax.

As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the said Act to achieve the aforesaid objects .

Gandhinagar ,

SARUP SINGH, Dated the 31st March, 1994.

Governor ofGujarat.

By order and in the name of the Governor of Gujarat,

S. K. SHELAT, Principal Secretary to Government.

Government Central Press, Gandhinagar.

INDEX REGISTERED NO . G/GNR/2.

Extra No. 10

The Rea

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHOLITY

THURSDAY, MARCH 31 , 1994 / CAITRA 10, 1916

Vol . XXXV ]

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the GovEILOR .

REVENUE DEPARTMENT

Sachivalaya , Gandhinagar, Dated the 31st March , 1994 .

GUJARAT ORDINANCE NO . 4 OF 1994 .

AN ORDINANCE

further to amend the Bombay Stamp Act , 1958 .

WHEREAS the Legislative Assembly of the State of Gujari is not in session !

Bom . LX of1958 .

AND WHEREAS the Governor of Gujaratis satisfied that the circumstances exist which render it necessary for him to take immediate action to amend the Bombay Stamp Act, 1958 ;

NOW, THEREFORE, in exercise of the powers conferred on him by clause ( 1) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely :-

1. Short title and commencement .-- ( 1) This Ordinance may be called the Bombay Stamp (Gujarat Amendment ) Ordinance , 1994 .

(2) This section shall come into force at once and the remaining provisions of this Ordinance shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint .

Bom . LX of1958.

2. Bom . LX of 1958 to be temporarily amended. During the operation of thie Ordinance, the Bombay Stamp Act, 1958 ( hereinafter referred to as "the principal Act") shall have effect subject to the amendments specified in scctions 3 to 12 .

3. Amendment of section 2 of Bom . LX. of 1958 .-- In the principal Act , in section 2,-

(1) after clause (dd), "the" following new clause shall be inserted , namely :

IV-Ex -10-1

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE Ex . 31-3-1994

10-2

"(e) "clearance list " means a list of transactions relating to contracts required. to be submitted to the clearing house of an association in accordance with the rules or bye --laws of the association :

Provided that no instrument shall, for the purposes of this Act , be deemed to be a clearance list unless it contains the following declaration signed by the person dealing in such transaction or on his behalf by a properly constituted attorney, namely:--

Bom . LX of1958 .

"I/We hereby solemnly declare that the above list contains a complete and true statement of my/our transactions including crossed out transactions and transanctions required to be submitted to the clearing house in accordance with the rules /bye-laws of the association . I/We further declare that no transaction for which an exemption is claimed under Article 5 or Article 39 in Schedule I to the Bombay Stamp Act , 1958, as the case may be, is omitted" .

Explanation.--For the purpose for this clause , transaction shall include both sale and purchase." ;

(2) for clause (g) , the following clause shall be substituted, namely :-

"(g) "conveyance " includes ,-

( i ) a conveyance on sale ,

(ii) every instrument ,

(iii ) every decree or final order of any Civil Court ; or

I of 1956 .

(iv ) every order made by the High Court under section 394 of the Companies Act, 1956 in respect of amalgamation of companies ,

by which property, whether movable or immovable, or any estate or interest in any property is transferred to, or vested in, any other person, inter vivos , and which is not otherwise specifically provided for by Schedule I;

Explanation I. For the purpose of this clause , an instrument whereby a co -owner 'of any property transfers his interest to another co- owner of the property and which is not an instrument of partition shall be deemed to be an instrument by which property is transferred inter viνος ; " ;

(3 ) after clause (j ), the following new clause shall be inserted; namely :-

"(ja) " immovable property" includes land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth.";

(4) in clause ( la ),-

(i) after the words " any movable", the words " or immovable " shall be inserted;

(ii) for the words " such gift " , the words " such oral gift " shall be substituted,

(5) in clause (n ) ,

(i) for the word " immovable ", the words "movable or immovable or both " shall be substituted ;

(ii) after sub-clause ( iv ) , the following sub-clause shall be inserted, namely :-

"( v) a decree or final order of any Civil Court in respect of a lease :

INDEX 10-3 PART IV]

GUJARAT GOVERNMENT GAZETTE , Ex . , 31-3-1994

Provided that where subsequently an instrument of lease is executed in pur- suance of such decree or order, the stamp duty, if any, already paid and recovered on such decree or order shall be adjusted towards the total duty leviable on such instrument ;" ;

(6) after clause (p) , the following new clause shall be inserted, namely :

"(pa) "movable property" includes standing timber, growing crops and grass, fruits upon and juice in trees and property of every other description, except immovable property, by which any right or liability is or is purported to be created, transfe- rred, limited , extended , extinguished or recorded ;" .

4. Amendment of section 3A of Bom . LX of 1958. In the principal Act , in section 3A , after the word " executed" , the words "in respect of the property situated" shall be inserted .

5. Amendment of section 17 of Bom . LX. of 1958. In the principal Act, in section 17, for the words "at the time of execution" , the following shall be substituted , namely :-

"at the time of execution or immediately thereafter on the next. working day following the day of execution :

Provided that the clearance list described in Articles 18A, 18B , 180, 18D or 18 E of Schedule I may be stamped by an officer authorised by the State Govern- ment by rules made under this Act , if such clearance list is submitted for stamping by the clearing house of an Association in accordance with its rules and bye - laws with the requisite amount of stamp duty, within two months from the date of its execution ." .

6. Amendment of section 30 of Bom . LX of 1958.-In the principal Act, in section 30,-

( i) in clause ( e) , the word " and" shall be deleted ;

(ii) in clause (f) , the word " and" shall be inserted at the end ;

(iii) after clause (f) , the following clause shall be inserted, namely :-

"(g) in any other case, by the person executing the instrument . " .

7. Amendment of section 31 of Bom . LX of 1958. In the principal Act , in section 31 , in sub -section ( 1) , for the words " not exceeding twenty five rupees and not less than five rupees" , the words " not exceeding one hundred rupees and not less than twenty- five rupees" shall be substituted ;

8. Amendment of section 32A of Bom . LX of 1958. In the principal Act , in section 32A,-

( 1) for sub - section (1 ), the following sub - section shall be substituted, namely: --

XVI of 1908.

"(1 ) Every instrument of conveyance , exchange , gift , certificate of sale , partition, par- tnership , settlement , power of attorney to sell immovable property when given for consideration or transfer of lease by way of assignment presented for registration, under the provisions of Registration Act , 1908 shall be accompanied by a true copy thereof; and if an officer registering such instrument under the aforesaid Act or any person refe- rred to in section 33 before whom such instrument is produced or comes in the per- formance of his functions , has reason to believe that the consideration setforth therein does not approximate to the market value of the property which is the subject matter of such instrument , or, as the case may be , the market value of the property which is the subject matter of such instrument has not been truely setforth therein, he may either before or after registering the instrument or as the case may be, performing his functions in respect of such instrument refer the instrument or true copy thereofto the Collector of such district in which either the whole or any part of the property is situated for determining the true market value of such property and the proper duty payable on the instrument under this section. " ;

INDEX [PART IV

10-4

GUJARAT GOVERNMENT GAZETTE , Ex . , 31-3-1994

(2) in sub -section (2) , for the words and figures " section 31 or " , the words and figures " section 31 or instrument or true copy of instrument under " shall be substi- tuted;

(3) in sub- section (3 ) , after the words " of two hundred and fifty rupees ", the words "or the amount of the proper duty or of the deficient portion thereof whichever is less" shall be inserted ;

(4) in sub - section (4), for the words "two years ", the words "six years " shall be substituted .

9. Substitution of section 46 of Bom . LX of 1958.--In the principal Act, for section 46, the following section shall be substituted, namely: --

Recovery of duties , penalties and interest .

"46. (1) where any person required to pay any amount of duty, penalty or other sums under this Act does not pay the same within the time prescribed for its payment , he shall be liable to pay simple interest at the rate of twenty- four per cent. per annum on such amount or on any less amount thereof for the period for which such amount remains unpaid.

(2) All duties, penaltics , interest and other sums required to be paid under this Act may be recovered by the Collector by distress and sale of the movable or immo- vable property of the person from whom the same are due, or as an arrears of land revenue ." .

10. Amendment of section 53 of Bom . LX of 1958. In the principal Act , in section 53, in sub-section (1) , after the word and letters " Chapter III " the words , letters, brackets and figures "except sub -section (3 ) of section 32A" shall be inserted ;

11. Insertion of new section 53 A in Bom . LX of 1958.--In the principal Act , after section 53 , the following new section shall be inserted, namely: --

Revision of Collector's decision under seo- tions 32, 32A, 39 and 41 .

"53A . (1) Notwithstanding anything contained in sub -section (3 ) of section 32 , sub-section ( 3 ) of section 32 -A, sub - section (2) of section 39 and sub -section (2 ) ofsection 41, when through mistake or otherwise any instrument is charged with less duty than leviable thereon , oris held not chargeable with duty, as the case may be , by the Collector , the Chief Controlling Revenue Authority may, within a period of six years from the date of certificate of the Collector under sections 32 , 32A , 39 or 41 , as the case may be , required the concerned party to produce before him the instrument and , after giving a reasonable opportunity of being heard to the party, examine such instrument whether any duty is chargeable or any duty is less levied thereon and pass an order for recovery of the deficit duty, if any, from the concerned party. An endorsement shall thereafter be made on the instrument after payment of such deficit duty .

(2) On failure to produce the original instrument by the party, the Chief Controlling Revenue Authority shall proceed under this section on the basis of the true copy or an abstract of the instrument filed with the Collector and such true copy or abstract shall be deemed to be the original instrument for the purposes of this section . " .

12. Amendment of Schedule I to Bom . LX of 1958. In the principal Act , in Scheduled I, -

(1) in Article 5,-

(i) in the heading , after the words " MEMORANDUM OF AN AGREEMENT " , the words " OR ITS RECORDS" shall be inserted;

(ii) in clause (h) , under heading " exemption" , after the words "Memorandum of Agreement ", the words " or its records shall be inserted ;

INDEX 10-5

EX. 31-3-1994

GUJARAT GOVERNMENT GAZETTE

PART IV]

(2) in Article 6, in clause (2 ) , in sub-clause (a) , for items ( i) to (viii ) , the following items shall be substituted , namely:-

Fifty paise for every hundred rupees orpart thereof.

"(i) where the amount of loan or debt does not exceeds Rs . 15,00,000 .

(ii) where it exceeds Rs . 15,00,000. One rupee for every hundred rupees or part thereof.";

(3) inArticle 18, for the words, "Five rupees", the words " Two rupees " shall be subtsituted;

(4) after Article 18, the following new Articles shall be inserted, namely:-

"18A. (1)

The sum of duties payable under Artiole 5 (6) or 39 (g) , as the case may be, in respect of each of the entries in such list on the value of the securities cal- culated at the making up price or the contract price, as the case may be .

re- CLEARANCE LIST , lating to the transactions for the purchase or sale ofGovern met securities submitted to the clearing house of a stock exchange.

The sum of duties payable under Article 5 (c) ( i ) or 39 (f), as the case may be, in respect of each of the entries in suoh list on the value of the securities oal- culated at the making up price or the contract price, as the case may be .

XLII of 1956.

(2) CLEARANCE LIST, relating to the transactions for the pur- chase or sale of a share, soript , stock, bond, debenture, debenture- stock or other marketable seou- rity or a like nature in or of an incorporated company or other body corporate submitted to the clearing house of a stock exchange. whether recognised or not ünder the Securities Contracts (Regulation) Act , 1956 .

18B.

The sum of duties payable under Article- 5 ( d) or 39 (a) , as the case may be, in respect of each of the entries in such list on the units of tansactions or part thereof:

CLEARANCE LIST , rela- ting tothe transactions for the pur- chase or sale of cotton submitted to the clearing house of a Cotton Association.

180.

The sum ofduties payable under Article 5 (e) or 39 (b) , as the case may be, in respect of each of the entries in such list on the units of transactions or part thereof.

CLEARANCE LIST rela- ting to the transactions for the purchase or sale of bullion or species submitted to the clearing house of a Bullion Association.

18D .

The sum of duties payable under Article 5 ( f) or 39 (c) , as the case may be, in respect of the entries in such list on tho units of transactions or part thereof.

CLEARANCE LIST, re- lating to the transactions for the purchase or sale of oil seeds sub- mitted to the clearinclearing house of Oil Seed Association .

The sum of duties payable under Article 5 (9) or 39 (d) , as the case may be, in repect of the entries in such list on the units of transactions or part thereof." ;

18E . CLEARANCE LIST, rela ting to the transactions for the purschase or sale of yarn of any kind, non-mineral oil or spices of any kind.

IV-Ex-10-2

INDEX 10-6

GUJARAT GOVERNMENT GAZETTE Ex . 31-3-1994

[PART IV

(5) in Article 20,-

(1) after clause (b), the following new clause shall be inserted, namely

The same duty as is leviable under Article 20(b) .;

( c) CONVEYANCE (not being a transfer charged or exempted under Article No. 56) of the proper- ty which is subject matter of the conveyance so far it relates to premises-

Bom. xxvi of1959.

( i) of a Corporation formed and registered. under the Bombay Non-Trading Corporations Act , 1959 ; or

( ii) of a Board constituted under the Gujarat Housing Board Act , 1961 , or the Gujarat Rural Housing Board Act , 1972 ; or

Guj.xxviii of 1961 . Guj . 22 of 1972.

(iii) to which provisions of the Gujarat Ownership Flats .Aot , 1973 apply

Guj .13 of 1973.

by such Corporation, Board, Society, Company or as the case may be, Associa tion in favour of its member or as the case may be, allottee (whether in con- sequence of purchase of his share or not) or by such member or as the case may be, allottee in favour of another member or allottee (whether in conse- quencee of transfer of his share to another member or as the case may be, allottee or not) ." ;

(2 ). The existing explanation shall be re -numbered as explanation II and be- fore explanation II as so re -numbered , the following explanation shall be inserted, namely:-

"Explanation I. For the purposes of this Article, an agreement to sell an immovable property or an irrevocable power of attorney shall, in case of transfer ofthe possession of such property before, at the time of, or after the execution of such agreement or power of attorney, be deemed to be a conveyance and the stampduty thereon shall be chargeable accordingly:

Provided that the provisions of section 32 A shall apply mutatis mutandis to such agreement or power of attorney as are applicable to a conveyance :

Provided further that where subsequently a conveyance is executed in pur- suance of such agreement of sale, or an irrevocable power of Attorney, the stamp duty, if any, already paid and recovered on the agreement of sale or an irrevo- cable power ofAttorney which is deemed to be a conveyance, shall be adjusted towards the total dutyleviable on the conveyance.";

(6) in Article 21 , for the words " Ten rupees ", the words " Twenty rupees " shall be substituted;

(7) in Article 25 , forthe words "Fifty rupees" , the words "Five hundred rupees" shall be substituted ;

(8) for Article 27, the following shall be substituted , namely :-

"27. FURTHER CHARGE--Instrument

of, that is to say, any instrument imposing. a further charge on mortgaged property-

(a) when the original mortgage is one of the description referred to in clause (a) of Article 36 (that is , with possession).

The same duty as is leviable on a conveyance under Arti- cle 20 (a) for the amount of further charge secured by such instrument .

INDEX 10-7 PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 31-3-1994

(b) when such mortgage is one of the des- cription referred to in clause (b) of Article 36 (that is , without possession) -

(i) if at the time of execution of the instrument of further charge poss- ession of the property is given under such instrument .

Eight rupees for every Rs . 100 or part thereof for the total amount of the charge (including the original mort- gage and any further charge already made) less the duty already paid on such original mortgage and further charge .

(ii) if possession is not so given .

Three rupees for every Rs . 100 or part thereof for the amount of the further charge secured by such instrument ." ;

(9) in Article 31 , for the words "Five rupees " , the words "Two rupees" shall be substituted;

(10) in Article 32 , for the words " Forty rupees", the words "Sixty rupees" shall be substituted ;

( 11 ) in Article 35 , in clause (a ) , for the words " One hundred rupees " , the words "One thousand rupees " shall be substituted;

(12) in Article 36 ,-

(1) in clause ( a) ,-

(i) the words " orisnot" shall be deleted :

( ii) in column 2 , after the words " conveyance under " , the words , brackets and letter " clause (a) of" shall be inserted;

(2) the existing clause (6) shall be re-lettered as clause (c) of that Article and before clause (c) as so re -lettered, the following clause shall be inserted, namely :

"(b) when possession of the property or any part of the property comprised in such deed is not given or not agreed to be given.

Three rupees for every Rs . 100 or part thereof for the amount secured by such deed .

Explanation . A mortgager who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning ofthis Article." ;

(13) in Article 45 ,-

(1) in clauses (a) , (b) and ( c), in column ( 2), for the words " Ten rupees" , the words " Twenty rupees" shall be substituted;.

(2) clause (g) shall be re -lettered as clause (h ) of that Article and before clause (h) as sore- lettered , the following clause shall be inserted , namely :-

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE, EX . 31-3-1994

10-8

"( g)

The same duty as is leviable on a conveyance under Article 20 for the amount ofthe considera- tion or, as the case may be , market value ofthe immovable property whichever is greater" ;

When given for consideration with the right to sell an immovable pro- perty, or when given, with or with- out consideration, to a promoter adeveloper by whatever name called, for construction or development of, or sale or transfer (in any manner whatso ever) of, any immovable pro- perty, or when given, with or with- out consideration, irrevocable trans- ferring the possession of any immova- ble property ;

(3) in clause (2) as so re-lettered, for the words "Ten repees ", the words "Twenty rupees" shall be substituted;

(4) for the existing N.B. and the explanation below the Article, the following shall be substituted; namely :

Explanation 1. For the purposes of this Article, more persons than one when belonging to the same firm shall be deemed to be one person.

XVI

1908. Explanation II. The term 'registration' includes every operation incidental to registration under the RegistrationAct, 1908.

Explanation III. Where, under clause (g), duty has been paid on the power of attorney, and a conveyance relating to that property is sub- sequently executed in pursuance of the power of attorney between the executant of the power of attorney and the person in whose favour it is executed, the duty on conveyance shall be the duty calculated on the market value of the property reduced by duty paid on the power of attorney.";

(14) in Article 57,

(1) in column 1, after the words " under lease", the", the words "or by way of decree or final order passed by any Civil Court or any Revenue Officer" shall be inserted;

(2) in column 2, for the words and figures "Article 20 for the amount of con- sideration for the transfer" , the words , figures , letter and brackets "Article 20 (a) for the amount of consideration for the transfer or, as the case may be, marketvalue of the immovable property which ever is greater" shall be substituted.

STATEMENT

With a view to augmenting the financial resources of the State , preventing evasion of tax by removing certain lacunae in the Bombay Stamp Act , 1958 and thereby to bring more revenue to State Exchequer ; it is expedient to amend the provisions of the said Act . Power is also conferred upon the Chief Controlling Revenue Authority to revise the order passed in certain cases. It is considered necessary to give certain relief in the payment of stamp duty.

As the Gujarat Legislative Assembly is mulgated to amend the said Act to achieve the aforesaid objects . is not in session, this Ordinance is pro-

31st March, 1994 .

SARUP SINGH, Governor of Gujarat ..

Gandhinagar, Dated the

By order and in the name of the Governor of Gujarat,

'R. PARTHASARATHY ,

Additional Chief Secretary to Government.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX REGISTERED NO. G/GNR/2 Extra No. 11

WIRE SROM

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

WEDNESDAY, APRIL 13, 1994/ CAITRA 23 , 1916

Vol . XXXV]

Separate paging is given to this Part in order that it may be filed as a separate complilation.

PART- IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

EDUCATION DEPARTMENT

Sachivalaya, Gandhinagar, Dated the 13th April , 1994 .

GUJARAT ORDINANCE NO . 5 OF 1994 .

AN ORDINANCE

to establish and incorporate an Open University in the State of Gujarat for the introduction and promotion of the Open University and distance education system in the educational pattern of the State .

WHEREAS the Legislative Assembly of the State of Gujarat is not in session ,

AND WHEREAS , the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to establish and incorporate an Open University in the State of Gujarat for the introduction and promotion of the Open University and distance education system in the educational pattern of the State:

NOW, THEREFORE , in exercise of the powers conferred on himby clause ( 1) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely :-

CHAPTER I.

PRELIMINARY .

1. Short title and commencement .- ( 1 ) This Ordinance may be called the Dr. Babasaheb Ambedkar Open University Ordinance , 1994 .

2. Definitions. In this Ordinance , unless the context otherwise requires ,--

(1) "Authorities " means the authorities of the University specified in section 15 ;

(2) "Academic Planning Board " means the Academic Planning Board of the University constituted under section 17 ;

(3) "Board of Management " means the Board of Management of the University constituted under section 16 ;

(4) " Chancellor" means the Chancellor of the University ;

(5) " distance education system " means the system of imparting education through any means of communication such as broadcasting, telecasting, correspon- dence courses, seminars , contact programmes or the combination of any two or more of such means ;

IV- Extra - 11-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 13-4-1994

11-2

(6) "employee" means any person appointed by the University, and includes teachers and other academic staff of the University ;

(7) "Finance Committee " means the Finance Committee of the University consti- tuted under section 18 ;

(8) "prescribed" means prescribed by the Statutes , Ordinances , Regulations or Rules made under this Ordinance ;

(9) " recognised institution" means an institution established for research or specialised studies and recognised as such by the University ;

(10) " regional centre" means a centre established or maintained by the Univer- sity for the purpose of co - ordinating and supervising the work of study centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management ;.

(11) " school" means a school of studies of the University ;

(12 ) " Statutes " , " Ordinances " and "Regulations " means respectively, the Statutes, Ordinances and Regulations of the University made under this Ordinance and for the time being in force ;

(13) " student" means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University ;

(14) " study centre" means a centre established, maintained or recognised by the University for the purpose of advising, counselling, evaluating or for rendering any other assistance required by the students ;

(15) "teachers" means professors, readers, lecturers and such other persons as may be designated by the Ordinances for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University ;

(16) "University " means the Dr. Babasaheb Ambedkar Open University establi- shed under section 3 ;

(17) "Vice -Chancellor " means the Vice-Chancellor of the University.

CHAPTER II .

THE UNIVERSITY .

3. Establishment and incorporation of the University. (1) There shall be established a University by the name of the 'Dr. Babasaheb Ambedkar Open University' .

(2) The headquarters of the University shall be at Ahmedabad , and the University may establish, maintain or recognise institutes , schools, regional centres and study centres at such other places in the State as it may deem fit .

the (3) The first Vice- Chancellor, the members of the first Board of Management, Academic Planning Board and the Finance Committee and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership , are hereby constituted and declared to be a body corporate by the name of the 'Dr. Babasaheb Ambedkar Open University' ; and the University shall have perpetual succession and a common seal and shall sue and be sued by the said name .

4. Objects of the University. The objects of the University shall be to advance and disseminate learning and knowledge by diversity of means , including the use of any communication technology, to provide opportunities for higher education to a larger segment of the population and to promote the educational well being of the community generally to encourage the Open University and distance educeducation system in the education pattern of the State .

INDEX 11-3 PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. , 13-4-1994

5. Powers of the University .-- The University shall have the following powers , namely:-

( i ) to provide for instruction in such branches of knowledge, technology, voca- tions and professions as the University may determine from time to time and to make provision for research , advancement and extension ;

(ii) to plan and presoribe courses of study of degree, diplomas , certificates or for any other purpose ;

( iii) to hold examination or test and confer degrees and diplomas on , and grant certificates or other academic distinctions or recognitions to persons who have pursued approved course of study in the University or conducted research in the manner laid down by the Statutes and Ordinances ; !

( iv) to confer honorary degrees or other academic distinctions in the manner laid down by the Statutes ;

(v) to withdraw.or cancel any degree , diploma or certificate conferred or granted by the University in the manner prescribed by the Statutes ;

( vi) to determine the manner in which distance education system in relation to the academic programmes of the University may be organised ;

( vii) to institute professorships , readerships , lecturerships , and other academic posts necessary for imparting instruction or for preparing educational material or for conducting other academic activities , including guidance , designing and delivery of course and evaluation of the work done by the students and to prescribe their qualifications ;

( viii) to appoint , engage or recognise persons as teachers ;

( ix) to lay down the courses of instruction for the various examinations ;

(x) to co-operate with , and seek the co - operation of, other Universities andnd institutions of higher learning, professional bodies and organisations for such purpose as the University, may determine ;

(xi) to hold and manage trusts and endowments and institute and award fellowships , scholarships , medals, prizes and such other awards for recognition of merit ;

(xii) to establish , maintain or recognise such regional centres as may be deter- mined by the University from time to time ;

(xiii) to establish, maintain or recognise study centres in the manner laid down by the Statutes ;

(xiv) to inspect regional centres, study centres and recognised institutions and to take measures to ensure that proper standards of instruction, teaching and training are maintained in them and that adequate library and laboratory provi- sions are made therein ;

(xv) to provide for the preparation of instructional materials including films , cassettes , tapes , video cassettes and other software ;

(xvi) to organise and conduct refresher courses, workshops , seminars and other programmes for teacher, lesson writers , evaluators and other academic staff ;

(xvii) to organise common laboratories, libraries, museums and other equipment for teaching and research ;

as (xviii) to recognise examinations of, or periods of study ( whether in full or part) at other Universities, institutions or other places of higher learning equivalent to examinations or periods of study in the University, and to withdraw such recognition at any time ;

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 13-4-1994 .

11-4

(xix) to make provision for research and development in educational technology and matters related thereto ;

(2x) to create administrative , ministerial and other posts as the University may deem necessary from time to time and to make appointments thereto ;.

(xxi) to receive benefications, donations and gifts for educational and other social or national causes and maintain proper accounts thereof;

(xxii) to acquire, hold and manage property both movable and immovable, to lease, sell or otherwise transfer or dispose of any property movable or immovable, which may vest in, or be acquired by it , for the purposes of the University, and to contract and do all other acts and things necessary for the purposes of this Ordinance :

Provided that no such lease , sale or transfer of immovable property shall be made without the prior consent of the State Government :

Provided further that where the State Government is satisfied that any such property may, in the interest of the University, be given on lease , sold or other- wise transferred or disposed of, the State Government shall issue necessary directions to the University and the University shall comply with such directions forthwith ;

(xxiii) to borrow, with the approval of the State Government, whether on the security of the property of the University or otherwise, money for the purposes of the University ;

(xxiv) to enter into , carry out, vary or cancel contracts ;

(xx ) to fix, to demand and receives such fees and other charges, as may be prescribed by the Ordinances ;

(xxvi) to promote, control and maintain discipline among the students of the University ;

(xxvii) to lay down and regulate the salary scales, allowances and other condi- tions of service of the employees and the members of the teaching, other academic and non-teaching staff of the University and their code of conduct ;

(xxviii) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition ;

(xxix) to engage, either on contract or otherwise, visiting professors, emeritus professors, consultants, fellows, scholars, artists, course writers, and such other persons who may contribute to the advancement of the objects of the University ;

(xxx) to conduct , co-ordinate , supervise, regulate and control post-graduate teaching and research work in the University;

(xxxi) to recognise persons working in other Universities ," institutions or organi- tions as teachers of the University on such terms and conditions as may be laid down by the Ordinances ;

( xxxii) to determine standards and to specify conditions for the admission of students to course of study of the University which may include examination, evaluation and any other method of testing ;

(xxxiii) to take disciplinary action against the students of the University and to impose such punishments upon them as may be deemed fit for breach of discipline or misconduct, within or outside the University including the use ofunfair means at an examination or in relation thereto by themselves or by any other persons or abetment thereof ;

INDEX 11-5 GUJARAT GOVERNMENT GAZETTE , EX . , 13-4-1994

PART IV ]

(χαχίν) to make arrangements for the promotion of the general health and wel- fare of the students and the employees ;

(xxx ) to do all such other acts as may be necessary or incidental to the exercise of all or any of the powers of the University and conductive to the promotion of the objects of the University .

6. Jurisdiction. The University shall , in exercise of its powers, have jurisdiction over the whole of the State of Gujarat .

7. University open to all classes , castes and creeds :-( 1) The University shall be open to persons of either sex and of whatever race, creed, caste or class and it shall not be lawful for the University to adopt or impose on any person any test whatsoever relating to sex , race , creed, caste, class or religious beliefor profession or political or other opinion in order to entitle him to be appointed as a teacher of the University or to hold any other office or post therein or admitted as a student in the University or to graduate thereat or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privilege of the University or any benefication thereof.

(2) Nothing in sub- section (1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of per- sons belonging to the weaker sections of the society , and in particular , of persons. belonging to the Scheduled Castes or Scheduled Tribes , in accordance with the directives, ifany, givenfrom time to time by the State Government .

CHAPTER III .

OFFICERS OF THE UNIVERSITY .

8. Officers of the University. The following shall be the officers of the University, namely :- (2) the Chancellor;

(ii) the Vice- Chancellor ;

(iii) the Directors;

(iv) the. Registrars ; and

(2) such other officers in service of the University as may be declared by the Statutes,to be officers of the University .

9. The Chancellor and his powers . ( 1) The Governor of Gujarat shall be the Chancellor of the University .

(2) The Chancellor shall be competent to call from time to time such information or records relating to any affairs of the University, and the Vice -Chancellor shall fur- nish the same . It shall also be lawful for the Chancellor , after perusal of such infor- mation or records , to give in the interest of the University, directives to the Vice- Chancellor, as he deems fit , and the Vice -Chancellor shall comply with such directives .

nd of (3) Subject to the provisions of sub -sections (4) and (5) , the Chancellor shall have the right to cause an inspection to be made , by such person or persons as he may direct , of the University, its buildings , libraries , laboratories and equipments and any regional centre or a study centre and so also of the examination , instruction and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and fin- ances of the University .

(4) The Charicellor shall , in every case , give notice to the University of his inten- tion to cause an inspection or inquiry to be made and the University shall , on receipt of such notice , have the right to make, within thirty days from the date of receipt. of the notice or such other period as the Chancellor determine, representation. to him as it may consider necessary .

(5) After considering the representation, if any, made by the University, the Chan- cellor may cause to be made such inspection or inquiry as referred to in sub- section (3) IV-Extra-11-2

INDEX 11-6

[PART IV GUJARAT GOVERNMENT GAZETTE , EX ,, 13-4-1994

(6) Where an inspection or inquiry has been caused to be made by the Chancellor , the University shall be entitled to appoint a representative who shall have the right to appear in person and to be heard at such inspection or inquiry.

(7) The Chancellor may address the Vice - Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Chancellor may be pleased to offer and on receipt of the address made by the Chancellor , the Vice-Chancellor shall communicate forthwith the Board of Management the result of the inspection or inquiry and the views of the Chancellor and the advice tendered by him with regard to the action to be taken thereon .

(8) The Board of Management shall communicate through the Vice- Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken by it on the result of such inspection or inquiry.

(9) Where the Board of Management does not take action to the satisfaction of the Chancellor within a time limit fixed by the Chancellor , the Chancellor may, after considering any explanation furnished or representation made by the Board of Manage- ment , issue such direction as he may think fit and the Board of Management shall be bound to comply with such direction .

(10) The State Government may, whenever it deems fit , cause a like inspection or inquiry to be made in the manner described in sub - sections (2 ) to (9 ) and shall have , for the purposes of such inspection or inquiry , all the powers of the Chancellor under the said sub -sections .

10. Vice Chancellor. ( 1) The Vice -Chancellor shall be appointed by the State Gover- nment from amongst three persons recommended under sub -section (3 ) by- a Committee appointed for the purpose under sub - section (2) .

(2) ( a) For the purpose of sub -section (1 ) , the Chancellor shall appoint a Commi- ttee which shall consist of the following members , namely :-

(i) one member not connected with the University to be nominated in the manner prescribed by the Statutes by the Board of Management.

(ii) one member to be nominated in the manner prescribed by the Statutes by the Vice - Chancellors of all the Universties established by law in the State of Gujarat;

(iii) one member to be nominated by the Chancellor .

(b) The Chancellor shall appoint one of the three members of the committee as its Chairperson .

(3) The Committée so appointed shall within a reasonable time select three persons whom it considers fit for being appointed as Vice- Chancellor and shall recommend to the State Government the names of the persons so selected together with such other parit- culars as may be relevant :

Provided that as far as possible, the Committee shall not select any such persona who if appointed as Vice- Chancellor would cease to hold that office on account of att ining the age of 65 years before completion of the term of three years .

(4) The Vice-Chancellor shall hold office for a term of three years and he shall be eligible for re - appointment to that office for a further term of three years :

Provided that the State Government may require any Vice - Chancellor after his term has expired, to continue in office for such period not exceeding a total period of one year as may be specified by the State Government .

Provided further that no person appointed as vice - Chancellor shall continue to hold office as such after he attains the age of 65 years .

; (5) The emoluments to be paid to the Vice - Chancellor , and the terms and conditions subject to which he shall hold office , shall be such as may be prescribed by the Sta- tutesa

INDEX 11-7 PART IV] GUJARAT GOVERNMENT GAZETTE , EX . , 13-4-1994

11. Powers of the Vice- Chancellor. The Vice- Chancellor shall be the principal academic and executive officer of the University, and shall exercise the powers of supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.

(2) Notwithstanding anything contained in this Ordinance , if the Vice- Chancellor is of the opinion that immediate action is necessry on any matter , he may exercise any power conferred on any auhtority of the University by or under this Ordinance and shall inform to such authority, about the action taken, by him on such matter :

Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor whose decision thereon shall be final : '

Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice - Chancellor under this sub -section shall have the right to appeal against such action to the Board of Management within ninety days from the date on which such action is communicated to him and thereupon the Board of Management may confirm , modify or reverse the action taken by the Vice - Chancellor .

(3) Notwithstanding anything contained in this Ordinance the Vice - Chancellor, if he is of the opinion that anyany decision or order of any authority is beyond the powers of the authority conferred on it or is inconsistent with the provisions of this Ordinance, Statutes , Ordinances , Rules or Regulations or that any decision taken is not in the interest of the University or is likely to lead to breach of peace , he may ask the authority con- cerned to review its decision within sixty days of such decision and if the concerned authority refuses to review its decision either in whole or in part as directed by the Vice -Chancellor or no decision is taken by it within the said period of sixty days , the matter shall be referred to the State Government whose decision thereon shall be final :

Provided that the decision of the authority concerned shall remain in abeyance during the period of review of such decision by the authority or the State Government , as the case may be , under this sub -section.

(4) Where the authority after reconsideration, revises or modifies the decision or order in the manner stated by the Vice - Chancellor , such revised or modified decision or order shall revive from the date of such revision or modification .

(5) It shall be the duty of the Vice -Chancellorto ensure that this Ordinance , the Statutes , Ordinances, Regulations and Rules are faithfully observed and he shall have all powers necessary for this purpose .

(6) The Vice -Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and Ordinances .

12. Directors . The Directors shall be appointed in such manner, on such emolu- ments and other conditions of service as may be prescribed by rules made by the State Government and shall exercise such powers and perform such duties and functions , as may be prescribed by the Statutes .

: 13. Registrar. (1) The Registrar shall be appointed in such manner , on such emo- luments and other conditions of service as may be prescribed by rules made by the State Government .

(2) A Registrar empowered by the Board of Management shall have the powerto enter into and sign agreements and contracts and authenticate records on behalf of the -University .

( 3) The Registrar shall exercise such powers and perform such duties and functions as may be prescribed by the Statutes .

14. Other officers. The manner of appointment , emoluments , powers and duties of the other officers of the University shall be such as may be prescribed by the Statutes .

INDEX [PART IV -11-8

GUJARAT GOVERNMENT GAZETTE , EX. , 13-4-1994

CHAPTER IV.

AUTHORITIES OF THE UNIVERSITY ,

15. Authorities of the University. The following shall be the authorities of the University, namely:-

(i) the Board of Management ;

(ii) the Academic Planning Board;

(iii) the Finance Committee;

(iv) such other authorities as may be declared by the Statutes to be the authori- ties of the University.

16. Board of Management . (1) The Board of Management shall be the principal executive body of the University.

(2) The constitution of the Board of Management, the term of office of its members and its powers and functions shall be such as may be prescribed by the Statutes .

17. Academic Planning Board . (1 ) There shall be constituted anAcademic Planning Board of the University which shall be the principal academic and planning body of the University. The Board shall be responsible for the maintenance of standards of lear- ning, education, instruction evaluation and examination within the University and shall also be responsible for the monitoring of the developments of the University and shall exercise súch powers and perform such other duties and functions as may be conferred or imposed upon it by the Statutes .

(2) The constitution of the Academic Planning Board , the term of office of its memebers and its powers and functions shall be such as may be prescribed by the Statutes .

18. Finance Committee . The constitution, powers , duties and functions of the Finance Committee shall be such as may be prescribed by the Statutes .

19. Other authorities . The constitution , powers , duties and functions of the other authorities which may be declared by the Statutes to be the authorities of the University shall be such as may be prescribed by the Statutes .

CHAPTER V.

STATUTES , ORDINANCES, REGULATIONS AND RULES .

20. Statutes.--Subject to such conditions as may be prescribed by or under the provisions of this Ordinance , the Statutes may provide for all or any of the following matters, namely:-

(a) the powers, duties and functions that may be exercised and performed by the Vice-Chancellor;

(b) the emoluments and other conditions of service of the Vice - Chancellor;

(c) the manner of appointment and emoluments of the officers, and the powers , duties and functions that may be exercised and performed by the Directors , Regis- trar and other officers ;

(d) the constitution of all authorities of the University, the term of office of the members of such authorities and the powers and functions that may be exercised and performed by such authorities ;

INDEX 11-9 GUJARAT GOVERNMENT GAZETTE , EX . , 13-4-1994

PART IV]

(e) the manner of appointment of teachers and other employees of the University, qualifications, code of the conduct and other conditions of service including the ma- nner of termination of service and other disciplinary action ;

(f) the acceptance and management of trusts , bequests, donations and endow- ments;

(g) conferment of honorary degrees ;

(A) holding of convocations to confer degrees ;

(6) institution and maintenance by the University of departments , centres of research or specialised studies and post-graduate centres ;

(j) registration of graduates and maintenance of register of registered graduates;

(k) procedure at meetings of the authorities of the University and for the transaction of their business ;

(1) the maximum number of the students to be admitted in the study centres;

(en) all other matters which , by or under this Ordinance are to be, or may be pres- cribed by the Statutes .

21. Making of Statutes . ( 1 ) The first Statutes shall be framed by the State Government .

(2) The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub -section ( 1 ) :

Provided that the Board of Management shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given a reasonable opportunity to express , within time fixed by the Board of Management , its opinion in writing in the proposed changes and any opinion, so expressed has been considered by the Board of Management.

(3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall be presented to the Chancellor , who may assent thereto or withhold assent or remit to the Board of Management for reconsideration in the light of the observations , if any, made by him.

(4) A new Statute or a Statute amending or repealing the existing Statutes shall not be valid unless it has been assented to by the Chancellor .

22. Ordinances . (1) Subjectto the provisions of this Ordinance and the Statutes, the Board of Management may make Ordinances to provide for all or any of the following matters, namely:-

(a) the admission of students , the courses of study and the fees thereof, the quali- fications pertaining to degrees , diplomas, certificates and other courses, the conditions for the grant of fellowships awards and like ;

(b) the conduct of examinations, including the terms and conditions for the appointment of examiners , moderators and such other staff and their duties;

(i) fixation of examination fees and emoluments , travelling and other allowances to be paid to the examiners , moderators and such other staff appointed for the examination work . :

1. (is) payment for teachers , lesson writers , evaluators and other academic staff appointed for organisation and conducting refresher courses , workshop , seminars and other programmes; IV-Extra -11-3

INDEX 11-10

GUJARAT GOVERNMENT GAZETTE , EX. , 13-4-1994

[PART IV

(iii ) rates of tuition fees and other charges receivable from the students;

(iv) rates of remmuneration to visiting professors , emeritus professors , consul- tants, fellows , scholars , artists , course writers;

(d) the conduct and discipline of the students and the action to be taken against them for breach of discipline or misconduct , including the following, namely:-

(i)use of unfair means at an examination or in relation thereto, by himself or by any other student , or abetment thereof;

( ii) refusal to appear or give evidence in any authorised inquiry by an officer incharge of an examination, or by any officeroffice or authority of thethe University; or

( iii) disorderly or otherwise objectionable conduct whether within or, outside the University;

(e) the conduct of examinations and other tests , and the manner in which the candidates may be assessed or examined by the examiners ;

(f) the inspection of regional centres , study centres and recognised institution ;

(g) the mode of execution of contracts or agreements for, or on behalf of the University;

(h) the rules to be observed and enforced by study centres and recognised insti- tutions regarding transfer of students ;

( i) the holding of convocations to confer degrees , diplomas , to grant certificates , other academic distinctions , and recognitions to persons who have passed approved course of study in the University or conducted research .

(j) collaboration with other Universities in the State , other statutory authorities and with departments of the State Government ;

(k) the appointments , for a specified period or periods of teachers and other aca- demic staff working in any other University or organisation for undertaking joint projects ;

(1) the principles governing the seniority of service of the employees of the Univer- . sity ;

(m) the procedure for the settlement of dispute between the University and the students;

(n) provision for reservation of adequate number of posts of teachers , officers and other employees of the University for the members of the Scheduled Castes and " Scheduled Tribes;

(0) manner of withdrawal of recognition;

1 (2) generally all matters for which provision is in the opinion of the Board of Management necessary for exercise of the powers conferred or for the performance of the duties;

(9) any other matter which by this Ordinance or the Statutes is to be, or may be , provided for by the Ordinances .

(2) The first Ordinances shall be made by the Vice - Chancellor or in his absence by the Board of Management with the previous approval of the State Government and the Ordinances may be amended , repealed or added to at any time by the Board of Management in such manner as may be prescribed by the Statutes .

23. Regulations . The authorities of the University may, subject to the approval cof the Board of Management, make regulations consistent with this Ordinance , the Sta- tutes and the Ordinances for the conduct of their own business and that of the commi- ttees, if any, appointed by them and not provided for by this Ordinance, the Statutes or the Ordinances, in such manner as may be prescribed by the Statutes,

INDEX 11-11 PART IV]

GUJARAT GOVERNMENT GAZETTE , EX. , 13-4-1994

24. Power to make rules ( 1 ) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance .

(2) In particular and without prejudice to the generality of the foregoing powers , such rules may be made for all or any of the following matters, namely:---

(a) manner of appointment , emoluments and other conditions of service of the Directors under section 12;

(b) manner of appointment , emoluments and other conditions of service of the Registrar under section 13 ; and

(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legis- lature may make during the session in which they are so laid or the session immediately following.

(4) Any rescission or modification so mad by the State Legislature shall be publi- shed in the Official Gazette and shall, thereupon , take effect .

CHAPTER VI .

FINANCE .

1 25. The University Fund.-( 1) The University shall establish a fund to be called the University Fund .

(2) The following shall form part of, or be paid into , the University Fund , namely:

(a) all contributions orgranted mades by the State Government, the Central Govern- ment , the Indira Gandhi National Open University and the University Grants Com- mission;

(b) the income of the University from all sources whatsoever including in- come from fees and charges;

(d) any sums borrowed from the Banks , with the previous permission of the State Government .

(3) The University shall have , and maintain, a Contingency Fund under a separate head in the University accounts , to which shall be credited such sums as may, from,, time to time, be granted, as contributions or grants by the State Government specially for this purposes . Such Fund shall be used only for making advances for the purposes of meeting unforeseen expenditure .

(4) With the previous sanction ofthe State Government , anyportion of the Univer- sity, Fund may from time to time, be credited by the University to a separate head in the University accounts :

Provided that there shall be credited and debited to such special head only such sums as shall expressly relate to the objects for which such separate fund is created :

Provided further that the Board of Management may, by passing a special resolu- tion, authorities transfer of any amount temporarily from one head to another in the University accounts ... !

INDEX [PART IV 11-12 GUJARAT GOVERNMENT GAZETTE , EX . , 13-4-1994

II of 1934.

(5) The University Fund shall, at the discretion of the Board of Management, be kept in the State Bank of India, or in any Scheduled Bank as defined in the Reserve Bank ofIndia Act , 1934 , which holds a licencd issued by the Reserve Bank of India under section 22 of the Banking Regulation Act, 1949.

10 of 1949,

the Uni- 26. Annual financial estimates. (1 ). The annual financial estimates of th versity for the ensuing financial year shall be prepared under the direction of the Board of Management, at least five months before the commencement of the financial year.

(2) The financial year of the University shall be the same as that of the State Government .

} (3) The financial estimates shall be submitted to the Board of Management for its approval.

(4) The Board of Management shall thereafter forward the copies of the financial estimates to the State Government.

27. Annual accounts and audit. (1 ) The annual statstatement of accounts of the University for a financial year shall be prepared under the directions of the Board of Management within a period of three months , after the close of the financial year.

(2) The annual accounts as approved by the Board of Management shall be audited by the Audit appointed by the State Government .

(3) The annual accounts , as approved by the Board of Management together with the copy of the audit report and a copy of the statement showing the action taken by the University on the the objections and points raised by the Auditor in his previous re- ports, shall be forwarded by the Board of Management as soon as possible and in any case, within the period of nine months from the the end of financial year to the State Govern- ment and to the Auditor appointed by the State Government .

(4) It shall be competent for 'thethe State Government to give directions to the the Univer- sity regarding the manner in which the accounts relating to certain specific activities or schemes shall be maintained or to take necessary action against the authority, the officer or any employee of the University found guilty in the audit report for commi- tting irregularities and the University shall act according to the direction of the State Government...

28. Annual Report . The annual report of the University shall be prepared under the direction's of the Board of Management which shall include, among other matters, the steps taken by the University towards the fulfilment of its objectives .

1 29. Financial control of State Government. (1) Without obtaining the prior appro- val of the State Government or any officer authorised by it in this behalf, the University shall not

(i) create any new post of officers, teachers or other employees ;

( i) revise the pay, allowances , post-retirement benefits and other benefits having financial implications offered to its officers, teachers and other employees;

"(vii) incur any expenditure on 'any development work...

and other (2) Any post created, any financial benefits offered to its officers, teachers and employees or any expenditure incurred on any development work, withouthout thethe prior approval of the State Government or such authorised officer, may be treated as un-- approved expenditure for the purposes of payment of grant -in-aid

INDEX 11-13 PART IV ] GUJARAT GOVERNMENT GAZETTE , EX . , 13-1-1994

CHAPTER VII .

SUPPLEMENTARY PROVISIONS .

30. Conditions of service of employees . ( 1 ) Every employee of the University shall be appointed under written contract and such contract shall not be inconsistant with the provisions of this Ordinance , the Statutes and the Ordinances .

(2) The contract referred to in sub -section ( 1 ) shall be lodged with the University and a copy of which shall be furnished to the employee concerned .

X of 1940.

31. Tribunal of Arbitration . Any dispute arising out of a contract between the Uni- versity and anany officer or teacher of the University shall, on the request of the officer or teacher concerned, be referred to a Tribunal of Arbitration consisting of one member nominated by the Board of Management, one member nominated by the officer or teacher concerned and an umpire to be nominated by the Chancellor . The decision of the Tuibunal shall be final and no suit shall lie in any civil court in respect of the matter decided by the Tribunal . Every such request shall be deemed to be submission to arbitration upon the terms of this section within the meaning the Indian Arbitration Act, 1940, and the provisions of that Act shall apply accordingly.

32. Delegation of powers . Subject to the provisions of this Ordinance and the Sta- tutes, any officer or authority of the University may, by order, delegate his or its powers, except the power to make Statutes, Ordinances and Regulations to any other officer or authority under his or its control, and subjectto the condition that the ulti- mate responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating them.

33. Disputes as to constitution of University Authorities and bodies .-(1 ) Where any question arises as to-

(a) the interpretation of any provision of this Ordinance or any Statutes, Ordinances , Regulations or Rules, or

(b) whether any person has been duly appointed as, or entitled to be , a member of any authority or other body of the University.

the matter shall be referredto the State Government whose decision thereon shall be final .

(2) Any nominee or ex - officio member appointed on any authority or body of the University shall be deemed to have vacated his office , whenever his nomination or appo intment is cancelled by the authority concerned or he ceases to hold office by virtue of which he has been a member of the authority or body of the University.

34. Filling of casual vacancy. When any vacancy occurs in the office of a member (other than an ex- officio member) or any authority or other body of the University be- fore the expiry of the term of office of such member , the vacancy shall be filled up , as soon as conveniently may be, by appointment or co-option, as the case may be, of a member who shall hold office so long only as the member in whose place he has been appointed or co - opted would have held it , if the vacancy had not occured.

35. Proceedings not invalidated by vacancies . No act or proceedings of any autho- rity or any other body of the University shallbe invalidated merely by reason of any vacancy in its membership .

36. Authorities and officers to be responsible. It shall be the duty of every authority and officer of the University to ensure that the interest of the University is duly safe -guarded .

37. Protection of action taken in good faith . No suit or other legal proceedings shall lie against any officer , employee or authority of the University for anything which is in good faith done or intended to be done in pursuance of any of the pro- visions of this Ordinance, the Statutes, the Ordinances , the Regulations or the Rules, IV- Extra- 11-4

INDEX [PART IV

11-14 GUJARAT GOVERNMENT GAZETTE , EX. , 13-4-1994

38. Mode of proof of University record . A Ccopy of any receipt , application, notice , order, proceeding, resolution of anyany authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be admitted as evidence of the matters and transactions specified therein, where the original thereof would, if produced, have been admissible in evidence.

39. Power to remove difficulties . If any difficulty arises in giving effect to the provision of this Ordinance the State Government may by order, published in the Official Gazette, make such provisions, not inconsistant with the provisions of this Ordinance as appears to it to be necessary or expendient for removing the difficulty

40. Transitional provisions .- Notwithstanding anything contained in this Ordinance and the Statutes-

(a) the first Vice- Chancellor and the first Registrar shall be appointed by the State Government as soon as practicable after promulgation of this Ordinance for a period not exceeding three years on such terms and conditions as the State Govern- ment thinks fit .

(b) the first Board of Management shall consist of not more than fifteen members who shall be nominated by the State Government and they shall hold office for a term of three years .

(c) the first Academic Planning Board shall consist of not more than eleven members who shall be nominated by the State Government and they shall hold office for a term of three years .

(d) the first Finance Committee shall consist of not more than seven members who shall be nominated by the State Government and they shall hold office for a term of three years .

INDEX 11-15 PART IV]

GUJARAT GOVERNMENT GAZETTE, EX. , 13-4-1994

STATEMENT

At the State level, there is no Open University imparting higher education in the regional language . It is , therefore , considered necessary to establish an Open Uni- versity in the State to impart higher education. The Open University based on rich heritage of State shall endeavour through extension of education and training to play positive role in the development of the State and thereby promote and. advance the culture of the people of the State.

For this purpose , a Bill called the Dr. Babasaheb Ambedkar Open University Bill, 1994 was introduced in the Gujarat Legislative Assembly on 11th February, 1994 but could not be taken up for consideration by the House for want of time. In order to enable the State Government to establish an Open University from the academic year June , 1994, it is considered necessaryto promulgate an Ordinance for this purpose .

As the Gujarat Legislative Assembly is not in session, this Ordinance is promulga- ted to achieve the aforesaid objects .

Gandhinagar,

SARUP SINGH, Governor of Gujarat.

Dated ; the 13th April , 1994 .

By order and in the name of the Governor of Gujarat ,

H. J. SHAH,

Deputy Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO. G/GNR/2 Extra No. 12

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MONDAY, APRIL 25 , 1994/ VAISAKHA 5 , 1916

Vol . XXXV ]

Separate paging is given to this Pazt in order that it may be filed as a separate compilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .

The following Act of the Gujarat Legislature , having been assented to by the President on the 16th April , 1994 is hereby published for general information.

Kum . H. K. JHAVERI ,

Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 7 OF 1994

(First published, after having received the assent of the President in the " Gujarat Government Gazette" on the 25th April , 1994. )

AN ACT

to amend the Gujarat Affiliated Colleges Services Tribunal Act, 1982 and the Gujarat Universities Services Tribunal Act, 1983 .

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows: --

Short title 1. This Act may be called the Gujarat Affiliated Colleges and Universities Services Tribunals Laws (Amendment ) Act, 1991 .

Guj . 9 of

1982.

2. In the Gujarat Affiliated Colleges Services Tribunal Act , 1982 , in section 2, in clause ( i),-

Amend- mont of section 2 of Guj . 9 of 1982 .

(1) the words " or, as the case may be," shall be deleted ;

12-1

IV -Ex.-12-1

INDEX ン

[PART IV 12-2

GUJARAT GOVERNMENT GAZETTE EX. , 25-4-1994

(2 ) the following shall be added at the end, namely:-

"or, as the oase may be , the North Gujarat University Act , 1986" ,

Guj . -22 of 1986:

3. In the Gujarat Universities Services Tribunal Act , 1983,-

Guj . 1 of 1988.

(1) in section 2, in clause (e),-

Amend -ment of Guj 1 of1988.

(a) the words, "or, as the case may be," shall be deleted;

(b) the following shall be added at the end, namely:-

"or, as the case may be , the North Gujarat University Act , 1986" ;

Guj . 22 of 1986.

(2) in the Schedule, the following new entry shall be added at the end, namely:-

(1) Section 68 shall be deleted.

"6. The North Gujarat (Guj . 22 of 1986) . University Act , 1986

(2) In section 69 , for sub -section (2 ) , the following sub-section shall be substituted, namely:-

X of 1940 .

" (2) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matter decided by the Tribu nal. Every request made under sub - section (1) shall be deemed to be submission to arbi tration upon the terms of this section within the meaning of the Arbitration Act , 1940 and the provisions of that Act , shall apply accordingly.".

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX Extra No.13

REGISTERED NO . G/GNR/2

सत्यमेव जय

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

TUESDAY , JUNE 28 , 1994/ ASADHA 7 , 1916

Separate paging is given to this Part in order that It may be filed as a separate complilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 27th June , 1994 is hereby published for general information.

KUM . H. K. JHAVERJ ,

Secretaryto the Government of Gujarat, Legislative and Parliamentary Affairs. Department.

GUJARAT ACT NO . 8 OF 1994 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette" on the 28th June, 1994) .

AN ACT

Further to amend the Gujarat Tax on Luxuries ( Hotels and Lodging Houses)

Act, 1977 .

It ishereby enacted in the Forty- fifth Year of the Republic of India as follows:

1. (1) This Act may be called the Gujarat Tax on Luxuries (Hotels and Lodging Houses) (Amendment) Act, 1994 .

(2) It shall be deemed to have come into force on the 1st April , 1994 .

Short title and commenc ment .

Guj . 24 of. 1977.

2. In the Gujarat Tax on Luxuries (Hotels and Lodging Houses ) Act , 1977 (hereinafter referred to as " the principal Act" ) , in section 2,-

(1) for clause (d) , the following clause shall be substituted, namely:--

Amend ment of section ofGuj . 24 of 1977.

"(d) 'hotel' means a building or part of a building where lodging accommo- dation with or without board is provided for a monetary consideration and includes a club , lodging house, gymkhana, inn, motel , public house or any place, where residential accommodation is provided for a monetary consideration;" .

(2) in clause ( e) , for the words " not less than thirty five rupees " , the words "more than one hundred rupees " shall be substituted.

IV-Extra- 13-1

13-1

INDEX [PART IV / 13-2 GUJARATIGOVERNMENT GAZETTE, EX. , 28-6-1994

Guj . Ord. 1of1994.

Luxuries (Hotels and Lodging Houses) (Amendment ) 3. (1) The Gujarat Tax on Lux Ordinance, 1994 is hereby repealed .

Repeal and savings.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/2.

Extra No. 14

सत्यमेन जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, JUNE 28, 1991 / ASADHA 7, 1916

Vol. XXXV ]

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governer.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 27th June, 1994 is hereby published for general information .

KUM . H. K. JHAVERI ,

Secretaryto the Government of Gujarat, Legislative and Parliamentary affairs Department .

GUJARAT ACT NO . 9 OF 1994 .

(First published , after having received the assent of the Governor' in the " Gujarat Government Gazette " on the 28th June , 1994. )

AN ACT

further to amend the Bombay Motor Vehicles Tax Act , 1958 .

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows :-

be called the Bombay Motor Vehicles Tax (Gujarat 1. (1) This Act may Amendment) Act , 1994.

(2) It shall be deemed to have come into force on the 1st April , 1994 .

Short title and commen cement.

2. In the Bombay Motor Vehicles Tax Act , 1958 (hereinafter referred to as "the principal Act") , in section 3A, the following Explanation shall be added at the end , namely:-

Bom. LXV of 1958.

Amend- ment of section 3A of Bom . LXV of1958 .

"Explanation . For the purposes of this section, "Luxury designated omnibus " means any omnibus having seating layout of two and two or one and three or one and two or one and one on either side with a gangway of any width in between though any one row of seats in such omnibus may consist of more than four seats .".

14-1

IV-Ex - 14-1

INDEX [PART IV 14-2

GUJARAT GOVERNMENT GAZETTE EX . , 28-6-1994

3. In the principal Act , in section 20,-

Amend- ment of section 20 ofBom.

(1) in sub- section (1 ) , after the words " Kutch area of the State of Bombay ", the words, brackets, figures and letters " and subject to the provisions of sub -sections (1A) , (1B) , ( 10) , (1D) , ( IE) and ( 1F) " shall be inserted ;"

LXV of 1958.

(2) after sub -section (1) , the following sub- sections shall be inserted, namely: --

Bom. III of 1875.

"(1A) Notwithstanding anything contained in sub -section ( 1) , and the provi-- sions of the Tolls on Roads and Bridges Act , 1875, but subject to the provisions of sub - sections ( 1B ) , ( 10) , ( 10) , ( 1E) and ( 1F) , the State Government may levy toll on motor vehicles and trailers drawn by such vehicles passing over-

Guj . 9 of1994 ..

(a) any bridge including an approach road thereto, or section of a new road or by-pass which is constructed, reconstructed, improved or, as the case may be, repaired by the State Government or by any person at his expense after. the commencement of the Bombay Motor Vehicles Tax (Gujarat Amendment) Act , 1994 and the total capital outlay of construction, reconstruction , improvements or , asthe case may be , repairs , of which is not less than fifty lakhs of rupees; or

(6) any bridge including an approach road thereto or section of a new road or by-pass, which,wh in the opinion of the State Government , is of a special service to the public .

Explanation.--For the purposes of this section,

(i) the expression "capital outlay" shall include the anticipated cost of certain essential ongoings or imminent works like improvements , strengthening, widening, structural repairs and maintenance;

company. or association or body ( ii) the expression "person" shall include any com of individuals , whether incorporated or not , or a firm;

(iii) for the removal of doubt, it is hereby clarified that the expression 'constructed' shall include a bridge including an approach road thereto or section. of a new road or by-pass which is ready for use .

(1B) The toll leviable under sub- section (14) shall be levied at such rate, for such period and on such bridges including an approach road thereto or section of a new road or by--pass, as the State Government may from time to time, by notification in the Official Gazette, declare:

Provided that not more than the capital outlay, interest thereon at such rate as the State Government may fix and the expenses of collection of toll shall be levied and collected under this section:

Provided further that when the bridge including an approach road thereto or.sec- tion of a new road or by-pass is constructed, reconstructed, improved or, as the case may be, repaired by a person other than the State Government, not more than the capital outlay, return on investment at such rate as the State Government may fix and the expenses of collection of toil shall be levied and collected under this section .

(IC) When, the toll leviable under sub -section (14) on any bridge ineluding an approach road thereto or section of a new road or by-pass which is constructed , reconstructed, improved or, as the case may be , repaired ,-

(i) by the State Government , the State Government itself or through an agent authorised by it in this behalf;

(ii) by any person, such person or his servants,

shall collect the toll on such terms and conditions and in such manner as may be -prescribed.

(1D) Where any additional bridge, being the bridge on or below the same stream, river or creek or road or rail-track including any approach road thereto is constructed as

INDEX GUJARAT GOVERNMENT GAZETTE EX. , 28-6-1994 14-3 PART IV]

augmentation of the facility of the use of the existing bridge inoluding an approach road thereto then the network of such bridge including an approach road thereto shall be deemed to be one single entity for the purpose of levy of toll , so however that not more than the capital outlay of such additional bridge including an approach road thereto, and the expenses of collection of toll shall be recovered .

(1E) The motor vehicles and trailers drawn by such vehicles liable to pay the toll under sub - section ( 14) shall not be allowed to pass over the bridge including an approach road thereto or section of a new road or by-pass unless the toll is paid and the State Government or the agent authorised by the State Government or as the case may be, by a person referred to in sub - section (10) shall have power to prevent such vehicles from passing over the bridge .

(1F) ( a) All motor vehioles and trailers drawn by such vehicles used by or on behalf of the State Government or of the Central Government shall be exempted from the payment of toll .

(b) Subject to such condition as it may impose , the State Government may. if it considers necessary so to do in the public interest , by notification in the Official Gazette, exempt any specified class or olasses of motor vehicles and trailers drawn by such vehicles from the payment of toll" ;

(3) in sub -section ( 2) , for the words, brackets and figure " sub-section (1) " the words , brackets, figures and letters " sub- sections (1) , ( 14) , (1B ) , (10) , (1D) , (1E), (1F) " shall be substituted ;

(4) in the marginal note , after the words "motor vehicles" , the words " except in certain exigencies " shall be added .

4. In the principal Act , in section 23 , in sub - section ( 2 ) , after clause ( 1) , the following clause shall be inserted, namely:-

Amend- ment

"(m) to prescribe the terms and conditions and the manner of collection of toll;" .

Guj .

5. (1) The Bombay Motor Vehicles Tax ( Gujarat Amendment) Ordinance, 1994 is hereby repealed .

Ord. 2 of 1994 .

of section 23 ofBom. LXV of1958 . Repeal and savings.

(2) Notwithstanding such repeal , anything done or any action taken under the princi- pal Act as amended by the said Ordinance shall in so far as it is not inconsistent with the principal Act as amended by this Act be deemed to have been done or taken under the principal Actas amended by this Act .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/2 Extra No. 15

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

FRIDAY, JULY 1, 1994/ASADHA 10 , 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature having been assented to by the Governor on the 1st July, 1994 is hereby published for general information .

KUM. H. K. JHAVERI ,

Secretary to the Government of Gujarat Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 10 OF 1994 .

(First published after having received the assent of the Governor in the "Gujarat Government Gazette " on the 1st July, 1994) .

AN ACT

further to amend the Gujarat Sales Tax Act , 1969 .

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows:-

1. (1) This Act may be called the Gujarat Sales Tax (Amendment) Act , 1994 . Short title and commen- cement.

(2) This section and section 9 shall be deemed to have come into force on the 31st March, 1994 and the remaining sections of this Act shall be deemed to have come into force on the 1st April , 1994 .

Guj . 1 of 1970.

2. In the Gujarat Sales Tax Act , 1969 (hereinafter referred to as "the principal Act " ) , in section 3A, in sub - section (5) , for the words " five paise " , the words " ten paise" shall be substituted .

Amend- ment of section 3A of Guj . 1 of 1970 .

3. In the principal Act , in section 7, the words , brackets and figure " of sub -section (1)" occurring at two places shall be deleted .

15-1

Amend- ment of section7 of Guj . 1 of 1970 IV -Extra- 15-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE EX . , 1-7-1994

15-2

4. In the principal Act , in section 10A,-

(1) in sub -section ( 1 );

Amend- ment of section 10A ofGuj. 1 of 1970.

(a) the words , brackets , letter and figures " except the dealer referred to in sub -clause ( f) of clause ( 10) of section 2 " shall be deleted;

(b) the words , brackets and figures "and also goods wholly or partially exempt from payment of tax under sub-section (2) of section 49 " shall be deleted.

(2) after sub -section (1) but before the table , the following new sub -section shall be inserted, namely:-

Guj . 10 of 1994.

"(1A) Where the turnover of all specified sales by any dealer liable to pay tax under section 3A has first exceeded rupees fifty, lakhs or the aggregate of the turnover of all specified sales and the turnover of all sales by any dealer liable to pay tax under both the sections 3 and 3A has first exceeded rupees fifty lakhs, in any year in which the Gujarat Sales Tax (Amendment) Act , 1994 comes into force, and every year thereafter, there shall be levied a turnover tax on taxable turnover of specified sales or the aggregate of taxable turnover of all specified sales and the taxable turnover of all sales effected by hiro of all taxable goods at the rates specified in the table below." ;

(3) in sub -section (4 ) , for the words " the turnover of all sales" , the words " the turnover ofof all sales , the turnover of all specified sales or , as the case may be , the aggregate of turnover of all specified sales and the turnover of all sales " shall be substituted;

(4) the following explanation shall be added at the end, namely:---

"Explanation. For the purposes of this section,-

(1) the expression "taxable turnover" means turnover of all taxable goods as derived after deductions made under sab -section ( 2) ; and

(2) the expression " taxable goods " means the goods which are taxable or which would have been taxable under this Act but for exemption granted under sub - section (2 ) of section 49. " .

5. In the principal Act, in section 12,-

(1) in clause (1 ) ,-

(a) in sub- clause (b) , the word " or " shall be added at the end ;

Amend- ment of section 12 of Guj . 1 of1970 .

(b) after sub -clause (b ), the following sub -clause shall be inserted , namely:-

"(aa) that the goods are purchased by him for resale in the course of inter- State trade or commerce and that such goods will be resold within six months from the date of such purchase by himself. ' ;

(2) in clause (2 ),-

(a) in sub -clause (c), the word "or " shall be added at the end;

(b) after sub -clause (c ) , the following sub - clause shall be inserted , namely:-

INDEX 15-3 PART IV] GUJARAT GOVERNMENT GAZETTE EX . , 1-7-1994

State trade or commerce within six months from the date of such purchase by the commission agent.".

6. In the principal Act , for section 13 , the following section shall be substituted, namely:-

Substitu- tion of section 13 ofGuj. 1 of 1970 .

"13. There shall not be deducted from the turnover of sales , sales of goods to a licensed dealer, recognised dealer or to a commission agent holding a permit purcha- sing on behalf of his principal , as provided in section 7 or 8 unless-

(A) the licensed dealer ,

No dedu- ction from turnover except on a certifi- cate.

(i) certifies in the prescribed form that the goods are purchased for resale in the course of export out of the territory of India within six months from the date of such purchase by himself; or

(ii) certifies in the prescribed form that the goods specified in Schedule II- Part B are intended,-

(a) for resale by him within the State of Gujarat otherwise than in the course of inter - State trade or commerce or export out of the territory of India within six months from the date of such purchase ; or .

(b) for resale by him in the course of export out of the territory of India within six months from the date of such purchase ; or

(i) is a licensed, dealer-

(a) and the goods will be resold by the principal himself in the course of ex- port out of the territory of India within six months from the date of such pur- chase by the commission agent ; or

(b) who will resell the goods specified in Schedule II -Part B,-

(i) within the State of Gujarat otherwise than in the course of inter- State trade or commerce or export out of the territory of India within six months from the date of such purchase ; or

(ii) in the course of export out of the territory of India within six months from the date of such purchase;

(ii) is a recognised dealer, and the goods purchased being goods other than prohibited goods will be used by the principal as raw or processing materials or as consumable stores in the manufacture of taxable goods for sale , and that the commi- ssion agent will despatch the goods to his principal or to the principal's order within three months from the date of such purchase by the commission fagent ." .

Amend- 7. In the principal Act , in section 19A,--

(1) sub - section (2) shall be deleted;

ment of section 19A of Guj , 1 of 1970.

INDEX 15-4

[PART IV GUJARAT GOVERNMENT GAZETTE EX . , 1-7-1994

(2) the following explanation shall be added at the end, namely:

"Explanation . For the purposes of this section , the expression "oil cakes" shall mean oil cakes other than cotton seed oil cakes .".

8. In the principal Act, after section 30A, the following new section shall be in- serted, namely:--

Insertionof new section 30AA in Guj . 1 of 1970.

Cancella- tion of certificate of registra- tion in certain ciroum- stances .

"30AA . Where a registered dealer without entering into a transaction of sale issues to another registered dealer a bill or cash memorandum with the in- tention to defraud the Government revenue or with the intention that the Government may be defrauded of its revenue the Commissioner may, after making such inquiry as he thinks fit and giving a reasonable opportunity of being heard , cancel the certificate of registration of the registered dealer issuing or accepting such bill or cash memorandum either prospectively or retrospectively from such date as the Commissioner may, having regard to the circumstances of the case, fix :

Provided that notwithstanding the cancellation of a certificate of registration under this section,-

(a) the liability of the dealer shall continue in respect of any tax, penalty or interest for any period prior to the date of the order of the Commissioner cancelling the certificate of registration;

(b) where a dealer, who has purchased goods from the dealer whose certifi- cate of registration is cancelled under this section, at any time during the period commencing on the date of cancellation and ending on the date of the order of Commissioner cancelling the certificate of registration, proves to the satisfication of the Commissioner that the tax due in respect of goods sold to him has been paid, such purchase of goods shall be deemed to have been made from a regis- tered dealer." :"

9. In the principal Act, for section 42, the following section shall be substituted, namely:-

Substituti- on of sect- ion 42 of Guj . 1 of 1970 .

"42. Where a fresh assessment is required to be made in pursuance of any order un- der section 65,67 or 69 or in pursuance of an order of any court or authority , such fresh assessment shall be made at any time within thrée years from the date of such order :

Time limit for assess- ment in certain cases.

Provided that in computing the period of limitation, any period during which assess- ment proceedings are stayed by an order or injunction of any court or authority shall be excluded ." .

INDEX 15-5 GUJARAT GOVERNMENT GAZETTE ΕΧ. , 1-7-1994

PART IV]

10, In the principal Act, in section 44, for the third proviso, the following shall be substituted, namely :-

Amend- ment of section 44 of Guj . 1 of 1970.

"Provided that the provisions of the proviso to section 42 shall mutatis mutandis applyto computation ofperiod of limitation specified in this section.".

11. In the principal Act, in section 47,-

(1) in sub-section (4A) , in the proviso , clause (ii) shall be deleted;

(2 ) after sub-section (4A) , the following new sub -section shall be inserted , namely:-

Amend- ment of section 47. of Guj . 1 of 1970.

"(4B) Where a dealer is liable to pay interest under sub-section (4A) and he makes payment of an amount which is less than the aggregate of the amount of tax, penalty and interest, the amount so paid shall be first applied towards the amount of interest, thereafter the balance, if any, towards the amount of penalty and thereafter the balance , if any, towards the amount of tax.".

12. In the principal Act , in section 50 , for the proviso , the following shall be subs- tituted, namely:-

Amend- ment of section 54 of Guj . 1 of 1970 .

"Provided that the provisions of the proviso to section 42 shall mutatis mutandis apply to computation of period of limitation specified in this section. " .

13. In the principal Aet, in section 54, in sub-section (1) , in clause (aa),-

Amend- ment of section 64 of Guj . 1 of 1970 .

(1) after the words and figures " assessment under section 41 ", the words "for the specified year" shall be and shall be deemed always to have been inserted with effect from 1st April , 1993 ;

(2) the following explanation shall be and shall be deemed always to have been added at the end with effect from the 1st April , 1993 , namely:-

Explanation . For the purposes of this clause, the expression " specified year" means-

(i ) the financial year commencing from the 1st April 1993 ;

(ii ) the calender year commencing from the 1st January 1993 ;

( iii ) Samvat year 2049 commencing from the kartak sud akam;

(iv) co- operative year commencing from 1st October, 1993; of

(v) any such year thereafter. ".

14. In the principal Act, in section 66, clause (4) shall be deleted .

Amond- ment of section 66 of Gul . 1 of 1970 .

15. Inthe principal Ast, in section 75, in sub-section ( 1), for the words "two thousand rupees", the words " twenty thousand rupees" shall be substituted.

Amend- ment of seotion 75 of Guj. 1of 1970.

IV-Extra 15-2

INDEX [PART IV.

GAZETTE

EX. , 1-7-1994

GOVERNMENT

GUJARAT

15-6

16. In the principal Act , in Schedule I,

(i) for the entry at serial No. 14, the following entry shall be substituted, namely:-

Amend- ment of Schedule I of Guj . 1 of 1970.

14. Cattle -feed including fodder, concentrates and cotton sood oil cakes (but excluding cotton seeds) , other oil cakes and de-oiled cakes .

(ii) in the entry at serial No. 15A, in column 2, after the words "doors and win- dows", the words "handmade papda and pidhia" shall be added.

17. In the principal Act, in Schedule II, in Part A,

(i) after the entry at serial No. 16, the following now entry shall be added, namely:-

Amond- ment of Schedule II, Part A to Guj . I of 1970 .

16A . Cast iron castings

four paise in the rupee.

four paise in the rapse

(ii) for the entry at serial No. 33 , the followingentry shall be substituted, namely:-

eight paise in the rupee .

eight paise in the rupee

"33. Kerosene excluding kerosene for domestic use sold for public distribution system

(iii) in the entry at serial No. 35, in columns 3 and 4, for the words " twenty one paise", the words " twenty-five paise " shall be substituted;

(iv) in the entry at serial No. 74, in columns 3 and 4, for the words " seven paise", the words "four paise" shall be substituted .

INDEX PART IVI

15-7

GUJARAT GOVERNMENT GAZETTE EX. , 1-7-1994

18. (1) The Cujarat Sales Tax (Amendment) Ordinance, 1994 is hereby repealed.

Guj.

Ord. 8 of 1994 .

Repeal and savings.

(2) Notwithstanding such repeal, anything done or any action taken under the prin- olpal Act as amendedby the said Ordinanes shall be deemed to have been done or taken under the principal Ast as amended by this Aot .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 16

REGISTERED NO. G/GNR/2

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ] WEDNESDAY, JULY 6 , 1994/ ASADHA 15 , 1916

Separate paging is given to this Part in order that it maybe filed as a separate compilation.

PART- IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature having been assented to by the Governor on the 6th July , 1994 is hereby published for general information.

KUM. H. K. JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 11 OF 1994 .

(First published , after having received the assent of the Governor in the " Gujarat Government Gazette" on the 6th July, 1994) .

AN ACT

further to am end the Bombay Provincial Municipal Corporations Act, 1949 .

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows :-

1. ThisAct may be called the Bombay Provincial Municipal Corporations (Gujarat Amendment ) Act, 1994.

Short title.

LIK af 1949.

2. Inthe Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as " the principal Act " ) , for section 8, the following shall be substituted, namely:-

Substitu tion of section 8 of Bom . LEX of 1949 .

18. (1) For every ward, there shall be a list of voters .

List of voters.

43 of 1950 .

(2) The list of voters shall be the same as the electoral roll of the Gujarat Legislative Assembly prepared and revised in accordance with the provisions of the Representation ofthe People Act , 1950 for the time being in force and as revised, modified, up-dated and published in accordance with the provisions of sub -section(3).

(3) Subject to the superintendence , direction and control of the State Election Commission, the list of voters shall be revised, modified , up-dateď and published by such officers as may be designated by the State Election Commission in this behalf in the prescribed manner .

16-1

IV-Extra- 16-1

INDEX [PART IV 16-2 GUJARAT GOVERNMENT GAZETTE EX. , 6-7-1994

(4) No person shall be entitled to have his name included in the list of veters for more than one ward and for any ward more than once

(5) The list of voters for any ward published under sub - section (2) shall remain in operation until a revised list of voters in respect of a Municipal Cor- poration is so published . ""

3. In the principal Act , in section 10, in 'sub -section (1) , for the figures Kand word " 13 , 17 and 404 " , the figures and word " 13 and 404" shall be subtsituted.

Amend- ment of section 10 of Bom. LIX of 1949.

4. In the principal Act, section 17 shall be deleted.

Deletion of section 17 of Bom. LIX of1949.

CENTRAL PRESS , GANDHINAGAR

INDEX NO .

ExtraNo. 17

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

WEDNESDAY, JULY 6 , 1994/ ASADHA 15, 1916

Separate paging is given to this Part in order that it may be fled as a separate compinion.

PART-IV

Acts of the Gujarat Legislature and Ordinances

The following Act of the Gujarat Legislature , having been assented to by the Govermen on the 6th July, 1994 is hereby published for general information . :

KUM. H. K. JHAYERI,

Secretary to the Government of Gujarat, Legislative and Parliamentary Airs Department.

GUJARAT ACT NO. 12 OF 1994

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette" , on the 6th July, 1994 ) .

AN ACT

to provide for temporary postponement of elections of local authorities .

WHEREAS in the wake of widespread rain in the State of Gujarat , it is difficult to hold elections of local authorities during the monsoon season;

AND WHEREAS the Election Commission of India has decided and directed to revise the electoral rolls intensively of all the constituencies of the State of Gujarat with reference to 1st January, 1995 as the qualifying date and also fixed the 4th January, 1995 as the date for final publication of electoral rolls ;

AND WHEREAS electoral rolls for Assembly constituencies would be the list of voters for the purposerpose of election of local authorities ;

AND WHEREAS it is likely that large section of public would be covered by intensive revision of electoral rolls ; and they may not be deprived of their right of franchise in the ensuing elections of local authorities ;

AND WHEREAS for the reasons stated above, it is considered necessary to provide for temporary postponement of the elections of local authorities and to provide for other connected matters .

It is hereby enacted in the Forty -fifth Year of the Republic of India as follows:-

17-1

IV- tra-17-1

INDEX [ PART IV 17-2

6-7-1994

GUJARAT GOVERNMENT GAZETTE, EX. ,

Short title .

1. This Act may be called the Gujarat Local Authorities (Temporary Postponement of Elections ) Act , 1994 .

2. In this Act , unless the context otherwise requires , --

Defini- tions ..

(a) 'election' means and includes entire election process commencing from the pre paration of list of voters and all stages culminating into election of a councillor or , as the case may be , a member of the local authority andit is always deemed to have meant and included entire election process ;

(b) 'local authority' means a panchayat , a municipality and a Municipal Cor- poration constituted under the relevant Act ;

(i ) a panchayat , means the Gujarat Panchayats Act , 1993 ;

Guj.18 of1993. Guj . 34 of of 1964 .

(ii) a municipality, means the Gujarat Municipalities Act , 1963 .

(

Bom . LIX of1949 .

iii) a Corporation , means the Bombay Provincial Municipal Corporations Act , 1949 .

Postpo- nement of ele- ctions of local authori- ties.

3 Notwithstanding anything contained in the relevant Act or the rüles or by -laws or order made thereunder or in anyjudgement , decree or order of any court or autho- rity, during the period from the date of the commencement of this Act andand upto and inclusive of the 4th January, 1995 , no general election of the Councillors of any Corpo- ration or of any municipality or of members of any panchayat and no election to fill up any casual vacancy of any such Councillor or member shall be held ; and the election shall be started thereafter of such local authority of which duration has already expired before the commencement of this Act or is due to expire before 1st May, 1995 or formed for such area which are declared as transitional or smaller urban area and shall be completed before the Ist May, 1995 in accordance with the provisions of the relevant Act and the rules made thereunder .

4. Except as otherwise provided by or under this Act , the provisions of the relevant Act shall in all other respects apply in case of a Corporation , municipality or panchayat .

Appli- cationg relevant Act .

Romoval of diffi- oulties .

5. If any difficulty arises in giving effect to the provisions of this Act , or by rea- sons of anything contained therein , or in giving effect to the relevant Act in respect of any matter contained in this Act, the State Government may, as occasion arises , by order, do anything which appears to it to be necessary for the purpose of removing the difficulty,

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 18

REGISTERED NO . G/GNR/2

सत्यमेव जय

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

FRIDAY, JULY 22 , 1994/ASADHA 31 , 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 22nd July, 1994 is hereby published for general information .

KUM H. K. JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 13 OF 1994 ,

(First published, after having received the assent of the Governor in the " Gujarar Government Gazette" on the 22nd July , 1994) .

AN ACT

further to amend the Bombay Stamp Act, 1958 .

It is hereby enacted in the Forty- fifth year of the Republic of India as follows : -

1. (1) This Act may be called the Bombay Stamp ( Gujarat Amendment ) Act 1994.

Short title and comm- encement.

(2) This section shall be deemed to have come into force on the 31st March, 1994 and the remaining provisions of this Act shall be deemed to have come into force on the 4th April, 1994.

2. In the Bombay Stamp Act , 1958 (hereinafter referred to as "the principal Act" ) , in section 2 ,

Bom. LX of 1958.

(1) after clause (dd), the following new clause shall be inserted, namely:---

Amendme- ntofsectio 2 of Bom LX of 1958 .

IV-Ex - 18-1

INDEX [PART IV 18-2 GUJARAT GOVERNMENT GAZETTE EX. , 22-7-1994

"(e) "clearance list " means a list of transactions relating to contracts required to be submitted to the olearing house of an association in accordance with the rules or bye-laws of the association :

Provided that no instrument shall , for the purposes of this Act ; be deemed to be a clearance list unless it contains the following declaration signed by the person dealing in such transaction or on his behalf by a properly constituted attorney, namely

Bom. LX. of1958.

"I/We hereby solemnly declare that the above list contains a complete and true statement of my/our transactions including crossed out transactions and transactions required to be submitted to the clearing house in accordance with the rules/bye -laws of the association. I/We fürther declare that no transaction for which an exemption is claimed under Article 5 or Article 39 in Schedule I to the Bombay Stamp- Act , 1958, as the case may be, is omitted . "

Explanation.-For the purposes of this clause, transaction shall include both sale and purchase.";

(2) for clause (g), the following clause shall be substituted, namely :-

"(g) "conveyance " includes,-

(i) a conveyance on sale,

(ii) every instrument,

(iii) every decree or final order of any Civil Court ; or

I of 1958.

(iv) every order made by the High Court under section 394 of the Companies Act , 1956 in respect of amalgamation of companies,

by which property, whether movable or immovable, or any estate or interest in any property is transferred to , or vested in, any other person , inter vivos , and which is not otherwise specifically provided for by Schedule I.

Explanation . For the purposes of this clause, an instrument whereby a co - owner of any property transfers his interest to another co - owner of the property and which is not an instrument of partition' shall be deemed to be an instrument by which property is transferred inter vivoς ;" ;

(3) after clause (j) , the following new clause shall be inserted, namely :-

"(ja) " immovable property" includes land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;";

(4) in clause (la ),-

(i ) after the words "any movable", the words "or immovable " shall be inserted ;

(ii) for the words " such gift ", the words "such oral gift " shall be substituted;

(5) in clause (п ) ,—

(4) for the word " immovable" , the words "movable or immovable or both" shall be substituted ;

L (ii) after sub -clause (iv) , the following new sub -clause shall be inserted, namely :-

"(v) a decree or final order of any Civil Court in respect of a lease :

INDEX GUJARAT GOVERNMENT GAZETTE ΕΧ. , 22-7-1994 18-3 PART IV]

Provided that where subsequently an instrument of lease is executed in pur suance of such decree or order, the stamp duty, if any, already paid and recovered on such decree or order shall be adiusted, towards the total duty leviable on such instrument ;" ;

(6) after clause (p ), the following new clause shall be inserted , namely :-

"(pa) "movable property" includes standing timber, growing crops and grass, fruits upon and juice in trees and property of every other description, except immovable property, by which any right or liability is or is purported to be created, transfe-- rred, limited , extended, extinguished or recorded ;" .

3. In the principal Act , in section 3A, after the word "executed" , the words "in respect of the property situated" shall be inserted .

Amendme nt of secti- on 3A of Bom. LX of1958 .

4. In the principal Act, in section 17, for the words " at the time of execution", the following shall be substituted , namely:-

Amendme nt of secti- on17of Bom . LX of1958 .

"at the time of execution or immediately thereafter on the next working day following the day of execution :

Provided that the clearance list described in Articles 18A, 18B, 180C , 18D οι 18 E of Schedule I may be stamped by an officer authorised by the State Govern ment by rules made under this Act, if such clearance list is submitted for stamping by the clearing house of an Association in accordance with its rules and bye -laws with the requisite amount of stamp duty, within two months from the date of its execution ." .

5. In the principal Act , in section 30 ,-

i) in clause (e) , the word " and" shall be deleted

Amendment of section 30 of Bom . LX of1958 .

( ; (ii) in clause (f) , the word " and " shall be inserted at the end !

(iii) after clause ( f) , the following clause shall be inserted, namely :--

"(g) in any other case, by the person executing the instrument . " .

6. In the principal Act, in section 31, in sub- section (1), for the words "not excee- ding twenty five rupees and not less than five rupees " , the words "not exceeding one hundred rupees and not less than twenty-five rupees " shall be substituted .

Amendment of section 31. of Bom LX of 1958 .

7. In the principal Act , in section 32A ,-

(1) for sub- section (1 ), the following sub -section shall be substituted , namely:--

Amendme- nt of sect- ion 32A ofBom: LX of 1958

XVI of 1908.

"(1) Every instrument of conveyance, exchange , gift , certificate of sale, partition, par- tnership, settlement , power of attorneyto sell immovable property when given for consideration or transfer of lease by way of assignment , presented for registration under the provisions of the Registration Act , 1908 shall be accompanied by a true copy thereof; and ifan officer registering such instrument under the aforesaid Act or any person refe- rred to in section 33 before whom such instrument is produced or comes in the per- formance of his functions, has reason to believe that the consideration set forth therein does not approximate to the market value of the property which is the subject matter of such instrument , or , as the case may be , the market value of the property which is the subject matter of such instrument , has not been truely setforth therein, he may either before or after registering the instrument or, as the case may be , performing his functions in respect of such instrument, refer the instrument or true copy thereof to the Collector of such district in which either the whole or any part of the property is situated for determining the true market value of such property and the proper duty payable on the instrument under this section." ;

INDEX 18-4 [PART IV

GUJARAT GOVERNMENT GAZETTE EX. , 22-7-1994

(2) in sub -section ( 2 ) , for the words and figures "section 31 or " the words and figures "section 31 or instrument or true copy of instrument under " shall be substituted;

(3) in sub-section (3), after words " of two hundred and fifty rupees " , the words "or the amount of the proper duty or of the deficient portion thereof whichever is less" shall be inserted;

(4) in sub -section (4,) for the words " two years " , the words " six years" shall be substituted .

8. In the principal Act , for section 46 , the following section shall be substituted , namely:-

Substituti- on of sec- tion 46 of Bom.LX of 1958 .

Recovery of duties, penalties and interest ..

'46 . (1) Where any person required to pay any amount of duty, penalty or other sums under this Act does not pay within the time prescribed for its payment he shall be liable to pay simple interest at the rate of twenty four per cent . per annum on such amount or on any less amount thereof for the period for which such amount remains unpaid .

(2) All duties , penalties , interest and other sums required to be paid under this Act may be recovered by the Collector by distress and sale of the movable or immo- vable property of the person from whom the same are due, or as an arrears of land revenue." .

9. In the principal Act , in section 53 , in sub -section (1 ) , after the word and letters - "Chapter , III" , the words, letter, brackets and figures "except sub -section (3) of sec- tion 32A " shall be inserted ...

Amendm ent of sec tion 53 of Bom. LX of 1958.

10. In the principal Act, after section 53, the following new section shall be inserted namely:

Insertion of new section53A inBom. LX of 1958 .

Revision o Collector's decision under sec tions 32, 324, 39 and 41 .

"53A. (1) Notwithstanding anything contained in sub-section ( 3) of section 32 , sub - section ( 3 ) of section 32A, sub -section ( 2) of section 39 and sub -section (2) of section 41, when through mistake or otherwise any instruments is charged with less duty than leviable thereon, or is held not chargeable with duty, by the Collector, the Chief Con- trolling Revenue Authority may, within a period of six years from the date of certifi- cate of the Collector under sections 32, 324 , 39 or 41 , as the case may be , required the concerned party to produce before him the instrument and, after giving reasonable opportunity of being heard to the party, examine such instrument whether any duty is chargeableor any duty is levied less thereon and pass an order for recovery of the deficit duty, if any, from the concerned party. An endorsement shall be made on the instru- ment after payment of such deficit duty.

(2) On failure to produce the original instrument by the party, the Chief Controlling Revenue Authority shall proceed under this section on the basis of the true copy or an abstract of the instrument filed with the Collector and such true copy or abstract. shall be deemed to be the original instrument for the purposes of this section."..

11. In the principal Act , in Schedule-I- ..

(1) in Article 5 ,- Amendme- nt of Schedule I to Boma LX of 1958.

(i) in the heading, after the words " MEMORANDUM OF AN AGREEMENT "; the words " OR ITS RECORDS " shall be inserted;

(ii) in clause (h ) , under the heading "exemption", after the words "Memoran- dum of Agreement " , the words " or its records" shall be inserted;

INDEX 18-5

EX. , 22-7-1994

PART IV] GUJARAT GOVERNMENT GAZETTE

(2) in Article 6, in clause (2 ), in sub -clause (a), for items (6) to (w ) the following items shall be substituted, namely:-

"( 1) where the amount of loan or debt does not exceed Rs . 15,00,000 .

Fifty paise for every hundred rupees orpart thereof.

(ii) where it exceeds Rs . 15,00,000 . One rupee for every hundred rupees ar part thereof." ;

(3) inArticle 18, for the words , " Five rupees ", the words "Two rupees " shall be substituted;

(4) after Article 18, the following new Articles shall be inserted, namely:-

The sum ofduties payable under Article 5 (6 ) or 39 (g) , as the case may be, in respect of each of the entries in such list on the value of the securities cal culated at the making up price or the , contract price, as the case may be .

" 18A. ( 1 ) CLEARANCE re- LIST, lating to the transactions for the purchase or sale of Govern ment securities submitted to the clearing house of a stock exchange.

The sum of duties payable under Article 5 (c) ( i ) or 39 ( f) , as the case may be, in respect of each of the entries in such list on the value of the securities eal- culated at the making up price or the contract price , as the ease may be .

XLII of 1956.

(2 ) CLEARANCE LIST, relating to the transactions for the pur- chase or sale of a share , script , stock, bond , debenture, debenture- stock or other marketable secu- rity of a like nature in or of an incorporated company or other body corporate submittedto the clearing house of a stock exchange whether recognised or not under the Securities Contracts (Regulation) Act , 1956.

18B . CLEARANCE LIST, rela- ting to the transactions for the pur- chase or sale of cotton submitted to the clearing house of a Cotton Association.

The sum of duties payable underArticle- 5 (d) or 39 ( a) , as the oase may be, in respect of each of the entries in such list on the units of transactions or part thereof .

18C.

The sum of duties payable underArticle 5 ( e) or 39 (b ) , as the case may be , in respect of each of the entries in such list on the units of transactions or part thereof.

CLEARANCE LIST , rela- ting to the transactions for the purchase or sale of bullion or species submitted to the clearing house of a Bullion Association .

The sum ofduties payable underArtiale. 5 (f) or 39 (c) , as the case may be, in respect of the entries in such list on the units of transactions or part thereof.

18D. CLEARANCE LIST , re- lating to the transactions for the purchase or sale of oil seeds sub- mitted to the clearing house of Oil Seed Association .

18E. CLEARANCE LIST, rela- ting to the transactions for the purchase or sale of yarn of any kind, non-mineral oil or spices of anykind .

The sum of duties payable under Article 5 (g) or 39 ( d) , as the case may be, in respect of the entries in such list on the units of transactions or part thereof." ;

IV-Extra- 18-2

INDEX [PART IV 18--6 GUJARAT GOVERNMENT GAZETTE EX . , 22-7-1994

(5) in Article 20,-

(1) after clause (b) , the following new clause shall be inserted, namely :-

The same duty as is leviable under Article 20 (b ) .;

"( c) CONVEYANCE (not being a transfer charged or.exempted under Article No. 56 ) of the property which is subject matter of the conveyance far it relates to premises-

Bom. xxvi of1959 .

(i) of a Corporation formed and registered under the Bombay Non- Trading Corporations Act, 1959; or

(ii ) of a Board constituted under the Gujarat Housing Board Act , 1961 , or the Gujarat Rural Housing Board Act , 1972 ; or

Guj.xxviii of 1961 . Guj . 22 of 1972.

Guj . 13 of 1973.

(iii) to which provisions of the Gujarat Ownership Flats Act , 1973 apply

by such Corporation, Board , Society, Company or , as the case may be, Associa tion, in favour of its member or, as the case may be, allottee (whether in con- sequence of purchase of his share or not ) or by such member or , as the case may be, allottee. in favourour of another member or allottee (whether in conse- quence of transfer of his share to another member or, as the case may be, allottee or not) ." ;

(2) The existing explanation shall be re -numbered as explanation II and before explanation II as so re -numbered , the following explanation shall be inse- rted, namely :-

"Explanation I. For the purposes of this Article, an agreement to sell an immovable property or an irrevocable power of attorney shall, in case of transfer of the possession of such property before, at the time of, or after the execution of such agreement or power of attorney, be deemed to be a conveyance and the stamp duty thereon shall be chargeable accordingly:

Provided that the provisions of section 32A shall apply mutatis mutandis to such agreement or power of attorney as are applicable to a conveyance ;

Provided further that where subsequently a conveyance is executed in pur- suance of such agreement of sale , or an irrevocable power of attorney, the stamp duty, if any, already paid and recovered on the agreement of sale or an irrevo- cable power of attorney which is deemed to be a conveyance, shall be adjusted towards the total duty leviable on the conveyance. ";

(6) in Article 21 , for the words " Ten rupees " , the words " Twenty rupees " shall be substituted;

(7) inArticle 25, forthe words "Fifty rupees " , the words " Five hundred rupees " shall be substituted;

: (8) for Article 27 , the following Article shall be substituted, namely :-

"27. FURTHER CHARGE-Instrument of, that is to say, any instrument imposing a further oharge on mortgaged property

(a) when the original mortgage is one of the description referred to in clause (a) of Article 36 (that is, with possession) .

The same duty as is leviable on a conveyance under Arti- cle 20(a) for the amount of further charge secured by such instrument .

INDEX !

18-7 PART IV] , GUJARAT GOVERNMENT GAZETTE EX.; 22-7-1994

(b) when such mortgage is one of the des- cription referred to in clause (b ) of Article 36 (that is, without possession)-

if at the time of execution of the instrument of further charge poss- ession of the property is given under such instrument. (i )

Eight rupees for every Rs . 100 or part thereof for the total amount of the charge (including the original mort gage and any further charge already made) less the duty already paid on such original mortgage and further charge , (ii) if possession is not so given.

Three rupees for every Rs . 100 or part thereof for the amount of the further charge secured by such instrument .";

(9) in Article 31 , for the words "Five rupees ", the words " Two rupees " shall . be substituted;

(10) in Article 32, for the words "Forty rupees ", the words " Sixty rupees " shall be substituted;

(11) in Article 35, in clause (a) , for the words "One hundred rupees" , the words "One thousand rupees " shall be substituted;

(12) in Article 36 ,

(1) in clause ( a ),

(i) the words " or is not" shall be deleted:

(ii) in column 2, after the words " conveyance under ", the words, brackets and letter " clause ( a) of" shall be inserted;

(2) the existing clause (6) shall be re -lettered as clause (c) of that Article and before clause (c) as so re-lettered , the following clause shall be inserted, namely :-

(b) when possession of the property or any part of the property comprised in such deed is not given or not agreed to be given.

Three rupees for every Rs 100 or part thereof for the amount secured by such deed .

Explanation . A mortgager who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged orpart thereof, shall be deemed to have given possession within the meaning of this Article." ;

(13) in Article 45,-

(1) in clauses (a) , ( b) and (c) , in columu (2 ), for the words "Ten rupees " , the words "Twenty rupees" shall be substituted;

(2) clause (g) shall be re-lettered as olause (h) of that Article and before clause (h) as so re-lettered, the following clause shall be : inserted, namely:-

The same duty as is leviable on a conveyance under Article 20 for the amount of the considera- tion or, as the case may be, market value of the immovable property whichever is greater." "(g) When given for consideration with the right to sell an immovable pro- perty, or when given, with or with- out consideration, to a promoter or adeveloper by whatever name oalled, for construction or development of, or sale or transfer (in any manner whatsoever) of, any immovable pro- perty, or when given, with or with- out consideration, irrevocable power of attorney transferring the possession of any immovable property ;

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE EX . , 22-7-1994

18-8

(3) in clause (h) as so re-lettered, for the words "Ten rupees", the words "Twenty rupees" shall be substituted;

(4) for the existing N.B. and the explanation below the Article, the following shall be substituted, namely :

"Explanation I. For the purposes of this Article , more persons than one when belongingto the saime firm shall be deemed to be one person .

HVI o f 1908 Explanation II. The term 'registration' includes every operation incidental to registration under the RegistrationAct , 1908.

Explanation III . Where, under clause (g) , dutyhas been paid on the power of attorney, and a conveyance relating to that property is subsequently executed in pursuance of the power of attorney between the executant of the power of attorney and the person in whose favour it is executed, the duty on conveyance shall be the duty calculated on the market value of the property reduced by duty paid on the power of attorney.";

(14) in Article 57,-

(1) incolumn 1, after the words "under lease", the words "or by way of decree or final order passed by any Civil Court or any Revenue Officer" shall be inserted;

(2) in column 2, for the words and figures "Article 20 for the amount of con- sideration for the transfer " , the words, figures, letter, and brackets "Article 20 (α) for the amount of consideration for the transfer or, as the case may be, market value of the immovable property which ever is greater" shshall be substituted.

Guj . Ord. of1994.

12. (1 ) The repealed. Bombay Stamp (Gujarat Amendment) Ordinance, 1994 is hereby Repealand savings.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act,as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR,

INDEX Extra No. 19

REGISTERED NO . G/GNR/2.

Gee

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV) WEDNESDAY , JULY 27 , 1994/ SRAVAN 5 , 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART- IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 27th July, 1991 is hereby published for general information.

KUM . H. K. JHAVERI ,

Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 14 OF 1994 .

(First published , after having received the assent of the Governor in the " Gujarat Government Gazette" on the 27th July, 1994) .

AN ACT

to establish and incorporate an. Open University in the State of Gujarat for the introduction and promotion of the Oren University and distance education system in the educational pattern of the State .

It is hereby enacted in the Forty -fifth Year of the Republic of India as follows :-

CHAPTER I

PRELIMINARY

1. (2) This Act may be called the Dr. Babasaheb Ambedkar Open University Act, 1994 .

Short title and commen- cement .

(2) This section shall be deemed to have come into force on the 13th April , 1994 and the remaining provisions of this Act shall be deemed to have on the 26th April , 1994 . come into force

12-1

IV -Extra - 19-1

INDEX [PART IV 19-2

GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1994

Definitions 2. In this Act , unless the context otherwise requires,

(1) "Authorities " means the authorities of the University specified in sectior 15 ;

(2) "Academic Planning Board " means the Academic Planning Board of the University constituted under section 17 ;

(3) "Board of Management " means the Board of Management of the University constituted under section 16 ;

(4) "Chancellor " means the Chancellor of the University ;

(5) "distance education system " means the system of imparting education, through any means of communication such as broadcasting telecasting, correspon- dence course , seminars , contact programmes or the combination of any two or more of such means ;

(6) "employee " means any person appointed by the University, and includes teachers and other academic staff of the University ;

(7) "Finance Committee " means the Finance Committee of the University consti- tuted under section 18 ;

(8) " prescribed " means prescribedby the Statutes , Ordinances, Regulations or Rules made under this Act ;

(9) "recognised institution" means an institution established for research or, specialised studies and recognised as such by the University ;

(10) "regional contre" means a contre established or maintained by the Univer- sity for the purpose of co - ordinating and supervising the work of study centres in any region and for performing such other functions as may be conferred on such contre by the Board of Management .

(11) " school" means a school of studies of the University ;

(12 ) " Statutes " , " Ordinances " and "Regulations " means respectively, the Statutes , Ordinances and Regulations of the University made under this Act and for the time being in force ;

(13) " student " means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University ;

(14) " study centre " means a contre essablished, maintained or recognised by the University for the purpose of advising , counselling, evaluating or for rendering any othor assistance required by the sudents ;

(15) " teachers" means professors , readers , lecturers and such other persons as may be designated by the Ordinances for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University ;

(16) " University " means the Dr. Babasaheb Ambedkar Open University establi- shed under section 3 ;

(17)."Vice-Chancellor " means the Vice - Chancellor of the University .

CHAPTER II

THE UNIVERSITY

3. (1) Thereshall be established a University by the name of ' the Dr. Babasaheb Ambedkar Open University' .

(2) The headquarters of the University shall be at Ahmedakad , and the University may establish, maintain or recognise institutes , schools, regional centres and study centres at such other places in the State as it may deem fit .

Esta- blishment and incor- poration of Uni- ersity.

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PART IV]

(8) The first Vice -Chancellor , the first members of the Board of Management, the Academic Planning Board and Finance Committee and all persons who may hereafter become such officers or members , so long as they continue to hold such office or membership , are hereby constituted and declared to be a body corporate by the name of the Dr. Babasaheb Ambedkar Open University' ; and the University shall have perpetual succession and a common seal and shall sue and be sued by the said name .

Objects of Uni- versity .

ally to (4) The objects of the University shall be to advance and disseminate learning and knowledge by a diversity of means including the use of any communication techno- logy, to provide opportunities for higher education to a larger segment of the popu- lation and to promote the educational well being of the community generally, to encourage the Open University and distance education system in the educational pattern of the State .

5. The University shall have the following powers , namely:-

Powers ofUni- versity .

(i) to provide for instruction in such branches of knowledge , technology, voca- tions and professions as the University may determine from time to time and to make provision for research , advancement and extension ;

(ii) to plan and prescribe courses of study of degrees , diplomas , certificates or for any other purpose ;

(in ) to hold examination or test and confer degrees anu somas on, and grant certificates or other academic distinctions or recognitions to persons who have pursued approved course of study in the University or conducted research in the manner laid down by the Statutes and Ordinances ;

(iv) to confer honorary degrees or other academic distinctions in the manner laid down by the Statutes ;

(v) to withdraw or cancel any degree , diploma or certificate conferred or granted by the University in the manner prescribed by Statutes ;

(vi) to determine the manner in which distance education system in relation to the academic programmes of the University may be organised ;

(vii) to institute professorships , readerships , lecturerships and other academic posts necessary for imparting instruction or for preparing educational material or forconducting other academic activities including guidance , designing and delivery of course and evaluation of the work done by the stadents and to prescribe their qualifications ;

(viii) to appoint , engage or recognise persons as teachers ;

(ix) to lay down the course of instruction for the various examinations ;

(x) to co- operate with , and seek the co- operation of, other Universities and institutions of higher learning professional bodies and organisations for , such purpose as the University, may determine ;

(2 ) to hold and manage trusts and endowments and institute and award fellowships , scholarships , medals , prizes and such other awards for recognition of merit;

(xii ) to establish , maintain or recognise such regional centres as may be deter- mined by the University from time to time ;

(xii ) to establish , maintain or recognise study centres in the manner laid down by the Statutes ;

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1994

19-4

(xiv) to inspect regional centres , study centres and recognised institutions and to take measures to ensure that proper standards of instruction , teaching and training are maintained in them and that adequate library and laboratory provi sions are made therein ;

(xv) to provide for the preparation of instructional materials including films , cassettes, tapes, video cassettes and other software ;

(xvi) to organise and conduct refresher courses , workshops , seminars and other programmes for teachers , lesson writers , evaluators and other academic staff ;

(xvi) to organise common laboratories , libraries, museums and other equip- ments for teaching and research ;

(xvi ) to recognise examinations of. or periods of study (whether in full or part) at , other Universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the University, and to with- draw such recognition at any time ;

(xix) to make provisions for research and development in educational teclinology and matters related thereto ;

(xx ) to create administrative , ministerial and other posts as the University may deem necessary from time to time and to make appointments thereto ;

(xxi ) to receive benefications, donations and gifts for educational and other social or national causes and maintain proper accounts thereof;

(xxii ) to acquire, hold and manage property both niovable and immovable , to lease, sell or otherwise , transfer or dispose of any property movable or immo- vable which may vest in , or be acquired by it , for the purposes of the Uni versity and to contract and do all other acts, and things necessary for the purposes of this Act :

Provided that no such lease , sale or transfer of immovable property shall be made without the prior consent of the State Government :

Provided further that where the State . Government is satisfied that any such property may, in the interest of the University, be given on lease, sold or other- wise transferred or disposed of,' the State Government shall issue necessary direc- tions to the University and the University shall comply with such directions forth- with ;

(xxiii ) to borrow , with the approval of the State Government , whether on- the security of the property of the University or otherwise , money for the purposes of the University ;

(xxiv) to enter into , carry out , vary or cancel contracts ;

(xx ) to fix, demand and receive such fees and other charges , as may be prescribed by the Ordinances ;

(xxvi ) to provide, control and maintain discipline among the students of the University ; :

(xxvi) to lay down and regulate the salary scales , allowances and other condi tions of service of the employees and the members of the teaching, other academic and non -teaching staff of the University and their code of conduct;

(xxviii ) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition ;

INDEX PART IV]

19-5 GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1994

(xxix) to engage , either on contract or otherwise , visiting professors , emeritus professors , consultants , fellows scholars artists , course , writers and such other persons who may contributeto the advancement of the objects of the Univer- sity ;

(xxx) to conduct , co - ordinate supervise , regulate and control post - graduate teaching and research work in the University ;

(xxxi) to recogaise persons working in other Universities , instianions or organi- sations as teachers of the University on such terms and conditions as may be laid down by the Ordinances ;

(xxxii ) to determine standards and to specify conditions for the admission of students to course of study of the University which may include examinations , evalution and any other method of testing ;

(xxxiii) to take disciplinary action against the students of the University and to impose such punishment upon them as may be decmed fit for breach of discipline or misconduct , within or outside the University including the use of unfair means at an examination or in relation thereto by themselves or by any other persons or abetment thereof ;

( xxxίν) to make arrangements for the promotion of the general health and welfare of the students and the employees ;

(xxx ) to do all such other acts as may be necessary or incidental to the exercise of all or any of the powers of the University and conductive to the promotion of the object of the University .

6. The University shell, in oxercise of its powers, have jurisdiction over the whole of the State of Gujarat .

Jurisdi- ction.

7. ( 1) The University shall be open to persons of either sex and of whatever race , creed caste or class and it shall not be lawful for the University to adopt or impose on any person any test whatsoever relating to sex , race, creed caste , class or religious belief or profession or political or other opinion in order to canitle him to be appointed as a teacher of the University or to hold any other office or post thorein or admitted as a student in the University or to graduate thereat or to qualify for any degree , diploma , or other academic distinction or to enjoy or cxercise any privilege of the University or any benefication thereof .

Univer- sity open to all classes, castes and creeds.

(2) Nothing in sub - section ( 1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of per- sons belonging to the weaker sections of the society, and in particular , of person be- longing to the Scheduled Castes or Scheduled Tribes , in accrodance with the directives if any, given from time to time by the State Government .

CHAPTER III

OFFICERS OF THE UNIVERSITY .

8. The following shall be the officers of the University, namely:---

Officers

of Uni- (2) the Chancellor ;

versity.

( ii ) the Vice- Chancellor;

( iii) the Directors ;

( iv) the Registrar ; and

(v) sach other officers in service of the University as may he declared by the Statutes to be officers of the University .

IV- Extra -19-2

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1994

19-6

9. (1) The Governor of Gujarat shall be the Chancellor of the University.

Chancellor his Owers .

(2) The Chancellor shall be competent to call from time to time such information or records relatingto any affairs of the University, and the Vice- Chancellor shall fur nish the same. It shall also he lawful for the Chancellor, after perusal of such infor- mation or records , to give in the interest of the University, directives to the Vice- Chancellor as he deems fit , and the Vice- Chancellor shall comply with much directives .

(3) Subject to the provisions of sub- sections (4) and (5) , the Chancellor shallhave the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings , libraries , laboratories and equipments and of any regional centre or a study centre and also of the examination, instruction and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration , and fi- hances of the University .

(4) The Chancellor shall, in every case , give notice to the University of his inten- tion to cause an inspection or inqiury to be made and the University shall, on receipt of such notice; have the right to make , within thirty days from the date of receipt of the notice or such other period as the Chancellor determine such representation to him as it may consider necessary . (5) After considering the representation, if any, made by the University, the Chan- cellor may cause to be made such inspection or inquiry as referred to in sub - section (3) .

(6) Where an inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative who shall have the right to appear in person and to be heard at such inspection or inquiry .

(7) The Chancellor may address the Vice - Chancellor with refererce to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Chancellor may be pleased to offer and on receipt of the address made by the Chancellor , the Vice- Chanceller shall communicate icithwith to the Board of Management the result of the inspection or inquiry and the views of the Chancellor and the advice tendered by him with regard to the action to be taken thereor .

(8) The Board of Management shall communicate through the Vice - Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken by it on the result of such inspection or inquiry .

(9) Where the Board of Management dres not take action to the satisfaction of the Chancellor within a time limit fixed by the Chanceller, the Chanceller may . after eonsidering any explanation furnished or representation made by the Poard of Manage- ment , issue such direction as he may think fit and the Board Management shall be bound to comply with such direction .

(10) The State Government may whenever it deems fit , cause a like irspection or inquiry to be made in the manner described in sub -sections ( 2) to ( 9) and shall have , for the purposes of such inspection or inquiry, all the powers of the Chancellor under the said sub-sections .

1 10. (1) The Vice- Chancellor shall be appointed by the State Covermert m amongst three persons recommended under sub - section- (4 ) ky a Conmittee aricinted for the purposes under sub-section (2) ..

Vice- Chance- lor

(2) (a) For the purposes of sub - section (1) , the Chancellor shall appoint a Committce which shall consist of the following members , namely:-

(i) one member not connected with the University to be nominated in the manner prescribed by the Statutes by the Board of Management.

INDEX 19-7 GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1994

PART IV]

( ii ) one member to be nominated in the manner prescribed by the Statutes by the Vice-Chancellors of all the Universites established by law in the State of Gujarat;

( iii) one member to bo nominated by the Chancellor .

(6) The Chancellor shall appoint one of the three members of the Committee as its Chairperson .

(3) The Committee so appointed shall within a reasonable time select three persons whom it consider fit for being appointed as Vice -Chancellor and shall recommend to the State Government the names of the persons so selected togetlier with such other parti- oulars as may be relevant :

Provided that as far as possible , the Committee shall not select any such person who if appointed as Vice-Chancellor would cause to hold that office on account of attaining the age of 65 years before completion of the erm of three years .

(4) The Vice- Chacellor shall hold office for a term of three years and he shall be eligible for re-appointmentto that office for a further term of three years :

Provided that the State. Government may require any Vice - Chancellor after his term has expired , to continue in office for such period not exceeding a total period of one year as may be specified by the State Government :

Provided further that no person appointed as Vice - Chancellor shall continue to hold office as such after he attains the age of 65 years .

(5) The omoluments to be paid to the Vice- Chancellor and the terms and conditions 1ơn he shall hold office shall be such as may be prescribed by the Statutes .

11. (1) Th) Vios- Chancellor shall be the principal academic and executive office of the University , and shall exercise the power of supervision and control over the affies of the University and give effect to the decisions of all the authorities of the University.

Powers of Vice- Chance- llor.

(2) Notwithstanding anything contained in this Act, of the Vice-Chancellor is of the opinion that immediate action is necessary on any matter , he may exercise any power conferred on any authority of the Universityby or under this Act and shalinform such authority, about the action taken by him on such matter :

Provided that if the auhtority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor whose decision thereon shall be final :

Prorilal further that any person in the service of the University who is aggrieved by the uncen by the Vis- thunsellor under this sub -section shall have the right もつい i ) the Board of Minagement within ninety days from the han vien suh win is communistel to hin a thereupon the , Boardf Murazament may confirm, nolify or reverse the action taken by the Vice- Chancellor .

(3) Notwithstanding anything contained in this Act , the Vice- Chancellor , if he is of the uion that any decision or order of any authority is beyond the powers of the withority conferred on it or sinconsistent with the provisons of this Act , Statutes , Ordinances, Rules or Regulations or that any decison taken is not in the interest of the University or is likely to lead to breach of peace , he may ask the authority con- cerenel to review its decision within sixty days of such decision and if the concerned a t'ority refuses to review its decision either in whole or in part as directed by the Vice-Chancellor or no decision is taken by it within the said period of sixty day's , the matter shall be referred to the State Government whose decision thereon shall be final :

Provided that the decision of theauthority concerned shall remain in abeyance during the period of review of such decision by the authority or the State Government . as the case may be, under this sub - section .

INDEX 19-8

GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1994

[PART IV

(4) Where the authority after reconsideration revises or modifies the decision or order in the manner stated by the Vice - Chancellor, such revised or modified decision or order shall revive from the date of such revision or modification .

(5) It shall be the duty of the Vice-Chancellor to ensure that this Act , the Statutes , Ordinances, Regulations and Rules are faithfull observed and he shall have all powers necessary for this purpose .

(6) The Vice -Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and Ordinances .

Directors

12. The Directors shall be appointed in such manner, on such emoluments and other conditions of serviceasmay be prescribed by rules made by the State Government and shall exercise such powers and perform such duties and functions, as may be pre- scribed by the Statutes .

Regis- trar .

13. ( 1 ) The Registrar shall be appointed in such manner, on such emolumnets and other conditions of service as may be prescribed by rules made by the State Government .

(2) The Registrar empowered by the Board of Management shall have the power to enter into and sign agreements and contracts and authenticate records on behalf of the University.

(3) The Registrar sh. Il exercise such powers and perform such duties and functions as may be prescribed by the Statutes .

14. The manner of appointment , emoluments , powers and duties of the other officers of the University shall be such as may be prescribed by the Statutes.

Other officers .

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY .

15. The following shall be the authorities of the University, namely:

(i) the Board of Management ;

Authori- ties of Univer . sity.

( ii) the Academic Planning Board ;

(iii) the Finance Committee ;

( iv ) such other authorities as may be declared by the Statutes to be the auhtori- ties of the University.

16. (1) The Board of Management shall be the principal executive body of the University.

Board of Manage- ment.

(2) The constitution of the Board of Managemnent , the term of office of its members and its powers and functions shall be such as may be prescribed by the Statutes .

Acade- mic Planning Board .

17. ( 1) There shall be constituted an Academic Planning Board of the University which shall be the principal academic and planning body of the University . The board shall be responsibe for the maintenance of standards of learning , education, instruction evaluation and examination within the University and shall also Le respoisile for the monitoring of the developments of the University and shall exercise such powers and perform such other duties and functions as may be conferred or imposed upon it by the Statutes .

(2) The constitution of the Academic Planning Board , the term of office of its members and its powers and functions shall be such as may be prescribed by the Statutes .

INDEX 19-9 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , . 27-7-1994

18. The constitution , powers, duties and functions of the Finance Committee shall be such as may be prescribed by the Statutes .

Finance Commi tice.

19. The constitution, powers , duties and functions of the other authorities which may be declared by the Statutes to be the auhtorities of the University shall be such as may be prescribed by the Statutes .

Other authori- ties.

CHAPTER V

STATUTES , ORDINANCES , REGULATIONS AND RULES

STATUTES , ORDINANCES , REGULATONS AND RULES

Statites.

20. Subject to such conditions as may be prescribed by or under the provisions of this Act , the Statutes may provide for all or any of the following matters, namely:-

(a) the powers , duties and functions that may be execised and perfromed by the Vice-Chancellor;

(6) the emoluments and other conditions of service of the Vice-Chancellor ;

(c) the manner of appointment and emoluments of the officers , and the powers , duties and functions that may be exercised and performed by the Directors , Regis- trar and other officers ;

(d) the constitution of the Board of Management and other authorities of the University, the term of office of the members of such authorities and the powers. and functions that may be exercised and performed by such authorities ;

(6) the manner of appointment of teachers and other employees of the Univer- sity, qualificatons , code of the conduct and other conditions of service including the manner of termination of service and other disciplinary action;

(f) the acceptance and management of trusts , bequests , donations and endow- ments;

(g) conferment of honorary degrees;

(h) holding of convocations to confer' degrees ;

(i) institution and maintenance by the University of departments , centres of research or specialised studies and post -graduate centres ;

(j) registration of graduates and maintenance of register of registered gradautes;

(k) procedure at meeting of the aunthorities of the University and for the transa- ction of thier business;

(1) the maximum number of stúdents to beadmitted in the study centres ;

(m) all other matters which , by or under this Act , are to be, or may be pres- cribed by the Statutes .

21. ( 1) The first Statutes shall be framed by the State Government .

Makingof Statutes (2). The Board of Management may, fromtime to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub- section (1) :

Provided that the Board of Management shall not make amend or repeal any Statute afecting the status , powers or constitution of any authority of the Univer sity uusil such authority has been given a reasonable opportunity to express, within time fixed by the Board of Management, its opinion in writing on the proposed changes and any opinion so expressed has been considered by the Board of Manage- ment .

IV-Extra-19-3

INDEX GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 27-7-1994 . [PART IV .19-10

(3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall be presented , to the Chancellor who may assent thereto or withhold assent or remit to the Board of Management for reconsideration in the light of the observations , if any, made by him .

F (4) A new Statute or a Statute amending or repealing the existing Statute shall not be valid unless it has been assented to by the Chancellor .

22. (1) Subject to the provisions of this Act and the Statutes , the Ordinances may provide for all or any of the following matters , namely :----

Onli nances ,

(a) the admission of students the courses of study and the fees thereof, the qualifications pertaining to degrees , diplomas , certificates and other courses, the conditions for the grant of fellowships , awards and like ;

(b) the conduct of examinations , including the terms and conditions for the 'appointment of examiners , moderators and such other staff and their duties ;

(i) fixation of examination fees and emoluments , travelling and other allow- ances to be paid to the examiners , moderators and such other staff appointed for the examination work ;

(it) payment , to teachers , lesson writers , evaluatoes and other academic staff appointed for organisation and conducting refreshièr courses workshops , seminar and other programmes ;

(ii) rates of tution fees and other charges receivable from the students ;

(iv) rates of remüneration to be paid to visiting professore , emeritus professors, consultants, fellows , scholars , artists , course writers ;

(d) the conduct and discipline of the students and the action to be taken against them for breach of discipline or misconduct including the following, namely:-

(i) use of unfair means at an examination or in relation thereto , by himself or by any other students , or abetment thereof ;

(u) refusal to appear or given evidence in any authorised inquiry by an officer incharge of an examination , or by any officer or authority of the Uni- versity; or

( ii) disorderly or otherwise objectionable conduct whether within or outside the University ;

(e) the conduct of examinations and other tests, and the manner in which the candidates may be assessed or examined by the examiners ;

(f) the inspection of regional centres , study centres and recognised institutions .

(g) the mode of execution of contracts or agreements for, or on behalf of the University ;

(b) the rules to be observed and enforced by study contres and recognised institutions regarding transfer of students ;

(e) the holding of convocations , to confer degrees , diplomas , to grant certi- ficates and other academic academic distinctions, and recognitions to persons whohave passed approved course of study in the University or conducted research ;

collaboration with other Universities in the State , other statutory authorities and with departments of the State Government ;

INDEX 19-11 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1994

(k) the appointments , for a specified period or periods of teachers and other academic staff working in any other University or organisation for undertaking joint projects ;

(1) the principles governing the seniority of service of the employees of the University ;

(m) the procedure for the settlement of dispute between the University and the students ;

(n) provision for reservation of adequate number of posts of teachers , officers and other employees of the University for the members of the Scheduled Castes and Scheduled Tribes ;

(0) manner of withdrawal of recognition ;

(p) generally all matters for which provision is in the opinion of the Board of Management necessary for exercise of the powers conferred or the performance of the duties ;

(q) any other matter which by this Act of the Statutes is to be, or may be provided for by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor or in his absence by the Board of Management with the previous approval of the State Government and the Ordinances may be amended, repealed or added to at any time the Board of Management in such manner as may be prescribed by the Stateuts . by

Regula- tions.

23. The authorities of the University may, subject to the approval of the Board of Management make regulations consistent with this Act , the Statutes and the Ordi- nancesfor the conduct of their own business andt hat of the committees , if any, appointed by them and not provided for by this Act , the Statutes or the Ordinances , in such manner as may be prescribed by the Statutes .

24. (1) The State Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act .

Power to make rules,

} (2 ) In particular and without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following matters , namely ; ..

(a) manner of appointment , emoluments and other conditions of service of the Directors under section 12 ;

(b) manner of appointment , emoluments and other conditions of service of the Registrar under section 13 ; and ,

(a) any other matter which is to be or may be prescribed by rules,

(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.

(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall, thereupon take effect .

CHAPTER VI

FINANCE.

25. (1) The University shall establish a fund to be called the University Fund. Univer sity fund .

(2) The following shall form part of, or be paid into, the University fund, namely:--

(a) all contributions or grants made by the State Government the CentralGovern- mont, the Indira Gandhi National Open Commission; University and the University Granth

INDEX [PART IV 19-12

GUJARAT GOVERNMENT GAZETTE, EX. , 27-7-1994

(b) the income of the University from all sources whatsoever including income from fees and charges;

(d) any sums borrowed from the Bank with the previous permission of the State Government.

(3) The University shall have , and maintain, a ContingencyFund under a separate head in the University accounts , to which shall be credited such sums as may, from time to time be granted as contributions or grant by the State Government specially for this purpose. Such Fund shall be used only for making advances for the purpose of meeting unforseeen expenditure .

(4) .With the previous sanction of the State Government , any portion of the Uni- versity Fund may from time to time be credited by the University to a separate head in the University accounts :

Provided that there shall be credited and debited to such special head only such sums as shall expressly relate to the objects for which such separate fund is created :

Provided further that the Board of Management may, by passing a special resolu- tion, authorise transfer of any amount temporarily from one head to another in the University accounts .

II of 1934 ( 5) The University Fund shall at the dicrection of the Board of Management , be kept in the State Bank of India, or in any Scheduled Bank as defined in the Reserve Bank of India Act . 1934, which holds a licence issued by the Reserve Bank of India under section 22 of the Banking Regulation Act, 1949 .

10 of1949 ,

1 Annual financial estimate.

26 (1) The annual financial estimates of the University for the ensuing financial year shall be prepared under the direction of the Board of Management at least five months before the commencement of the financial year.

(2) The financial year of the University shall be the same as that of the State Government .

(3) The financial estimates shall be submitted to the Board of Management for its approval .

(4) The Board of Management shall thereafter forward the copies of the financial estimates to the State Government .

27. (1) The annual statement of accounts of the University for a financial year shall be prepared under the direction of the Board of Management within a period of three months, after the close of the financial year .

Annual accounts and audit .

(2) The annual accounts as approved by the Board of Management shall be audi- ted by the Auditor appointed by the State Government .

(3) The annual accounts , as approved by the Board of Management together with the copy of the audit report and a copy of the statement showing the action taken by the University on the objections and point raised by the Auditor in his previous reports , shall be forwarded by the Board of Management as soon as possible and in any case , within the period of nine months from the end of financial year to the State Govern- ment and to the Auditor appointed by the State Government.

(4) It shall be competent for the State Government to give directions to the University regarding the manner in which the accounts relating toto certain specific activi- ties or schemes shall be maintained or to take necessary action against the authority,

INDEX 19-13 GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1994

PART IV]

the officer or any employee of the University found guilty in the audit report for co- mmitting irregularities and the University shall act according to the direction of the State Government .

Annual Report .

28. The annual report of the University shall be prepared under the directions of the Board of Management which shall include , among other matters , the steps taken by the University towards the fulfilment of its objcetives .

29. ( 1) Without obtaining the prior approval of the State Government or any officer authorised by it in this behalf, the University shall not-

(i) create any new post of officers , teachers or other employees .

Financial control of State Govern- ment .

(ii) revise the pay, allowances , post - retirement benefits and other benefits having financial implications offered to its officers , teachers and other employees;

( iii) incur any expenditure on any development work .

(2) Any post created , any financial benefits offered to its officers , teachers and other employees or any expenditure incurred on any development work , without the prior approval of the State Government or any such authorised officer , may be treated as unapproved expenditure for the purposes of payment of grant in - aid .

CHAPTER VII

SUPPLEMENTARY PROVISIONS .

30 (1) Every employce of the University shall be appointed under written cont- ract and such contre et shall not be inconsistant with the provisions of this Act , the Stat- utes and the Ordinances .

Condi- tions of service of emp- loyees.

(2) The contract referred to in sub -scotion ( 1) shall be lodged with the University and a copy of which shall be furnished to the employee concerned .

of Tribunal Arbitra- tion..

X of 1940.

31. Any dispute arising out of a contract between the University and any officer or teacher of the University shall, on the request of the officer or teacher concerned be referred to a Tribunal of Arbitration consisting of one member nominated by the Board of Management , one memter nominated by the officer or teacher concerned and an umpire to be nominated by the Char.cellor , The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matter decided by the Tribunal . Every such request shall be deemed to be submission to arbitration upon the terms of this section within the meaning of the Indian Arbitration Act , 1940 , and the provisions of that Act shall apply accordingly.

Delega- tion of powers .

32. Subject to the provisions of this Act and the Statutes, any officer or authority ofthe University may, by order , delegate his or its powers , except the power to make Statutes, Ordinances , and Regulations to any other officer or authority under his or its control and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating them .

33. ( 1) Where any question arises as to-

(a) the interpretation of any provision of this Act or any Statutes , Ordinances Regulations or Rules , or

(6) whether any person has been duly appointed as , or is entitled to be, a member of any authority or other body of the University,

Disputes as to constitu- tion of Univer- sity Autkori- ties and bodies.

the matter shall be referred to the State Government whose decision thereon shall be final.

(2). Any nominee or ex - officio member appointed on any authority or body of the University shall be deemed to have vacated his office , whenever his nomination or appoint- ment is . cancelled by the authority concerned or he ceases to hold office by virtue of which he has been a member of the authority or body of the University .

IV- Extra- 19-4

INDEX 19-14

GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1994

[PART IV

Filling of casual vacancy.

34. When any vacancy occurs in the office of a member (other than an ex- officio member) of any authority or other body of the University before the expiry of the term of office of such member, the vacancy shall be filled up , as soon as conveni- ently may be , by appointment or co -option, as the case may be , of a member who shall hold office so long only as the member in whose place he has been appointed or co -opted would have held, it, if the vacancy had not occured .

35. No act or proceedings of any authority or any other body of the University shall be invalidated merely by reason of any vacancy in its membership.

Proce- dings not inva- lidated by vacan- cres.

36. It shall be the duty of every authority and officer of the University to ensurė that the interest of the University is duly safe -guarded . 1 .

Autho- ritiesand officers to be respon- sible.

Protec-

tion of

action

taken in

37. No suit or other legal proceedings shall lie against any officer, employee or authority of the University for anything which is in good faith done or intended. to be done in pursuance of any of the provisions of this Act, the Statutes , the Ordinances , the Regulations or the Rules .

good fa ith

Mode of proof of Univer- sity record.

38. A copy of any receipt , application , notice , order , proceedings, resolution of any authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar , shall be admitted as evidence of the metters and trans- actions specified therein , where the original there of would , if produced, have been admissible in evidence .

Powerto remove difficu- Ities.

39. If any difficulty arises in giving effect to the provision of this Act , the State Government may by order , published in the Official Gazette, make such provisions , not inconsistant with the provisors of this Act , as appears to it to be necessary or expedient for removing the difficulty.

40. Notwithstanding anything contained in this Act and the Statutes ,- Transi- tional provi- sions.

( a) the first Vice-Chancellor and the first Registrar shall be appointed by the State Government as soon as practicable after the commencement of this Act , for a period not exceeding three years on such terms and conditions as the State Government thinks fit .

(b) the first Board of Management shall consist of not more than fifteen members who shall be nominated by the State Government and they shall hold office for a term of three years ,

(c) the first Academic Planning Board shall consist of not more than eleven members who shall be nominated by the State Government and they shall hold office for a term of ' three years ; and

(d) the first Finance Committee shall consist of not more than seven members who shall be nominated by the State Government and they shall hold office for a term of three years .

41. (1) The Dr. Babasaheb Ambedkar Open University Ordinance , 1994, is hereby repealed .

Repeal and savings.

Guj . Ord 5of 1994.

(2) Notwith standing such repel, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX Extra No. 20

REGISTERED NO . G/ GNR/2

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI

WEDNESDAY, JULY 27, 1994/ SRAVANA 5, 1916

Separate paging is given to this Part in erder at t raay be Plot as a repmate compliction .

PART -IV

Acts of the Gujarat Legislature and Ordinances promnigatos and Regulations made by the Governor.

The followingfollowing Act of the Gujarat Legislature , having been assented to by the Governor on the 27th July , 1994 is hereby published for general information .

KUM . H. K. JHAVERI , Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 15 OF 1994 .

(First published , after having received the assent of the Governor in the " Gujarat Government Gazette " on the 27th July, 1994) .

AN.ACT

further to amend the Gujarat Municipalities Act , 1963 .

Itis hereby enacted in the Forty-fifth Year of the Republic of India as follows :-

1994 .

1. (1) This Act may be called the Gujarat Municipalities (Amendment ) Act,

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette , appoint .

Short title and commen- cement.

20-1

IV-Ex-20-1

INDEX cipal Act" ), in Chapter III, -

34 of 1964.

(1) for the heading "PRESIDENT , VICE -PRESIDENT, COUNCILLORS AND CHIEF OFFICER" the heading "PRESIDENT, VICE- PRESIDENT, COUNCILLORS AND OFFICERS AND SERVANTS OF THE MUNICIPALITY " shall be substituted:

tion of heading, sub--head- ing and sections 47 to 50 in Guj . 34 of1964,

(2) for the sub -heading "(3 ) Chief Officer and other Officers" appearing after . section 46 , the sub-heading " (3) Officers and servants of the Municipalities" shall be substituted .

(3) In the principal Act , for sections 47, 48, 49 and 50 , the following shall be substituted , namely:-

"47(1) (a) For every municipality there shall be a Chief Officer appointed by the State Government .

Appoint- ment of Chief Officers and other Officers .

(b) The Chief Officer of a municipality shall forthwith betransferred from that municipality by the State Government if a resolution to that effect is passed by the municipality with not less than two thirds of the total number of counci- llors of the municipality voting in favour of such resolution.

(2) A. municipality may, with the previous sanction of the Director, and shall, if so required by the State Government, create all or any of the following posts, namely:-

(i) amunicipal engineer ,

(ii) a water works engineer,

(iii) a municipal health officer,

(iv) a municipal auditor,

(v) a municipal education officer, and

(vi ) any other officer as may be designated by the State Government in this behalf.

(3) Subject to the provisions of section 47A, the recruitment and conditions of service of the officers referred to in sub -sections (1 ) and (2) shall be such as may be prescribed .

(4) Subject to the provisions of section 47A, the power to make appointment to the posts referred to in sub -section (2) shall vest in the municipality.

Constitu- tion of Municipal Services.

47A. (1 ) If, the State Government is of the opinion that it is necessary and expedient so to do for bringing about a uniform and a more efficient service of officers in municipalities for the purpose of carrying out the functions and duties under this Act , it may, notwithstanding anything contained in this Act, by notifications in the Official Gazette.-

(a) constitute in respect of all municipalities in municipal boroughs having such population of such number asmay be specified in the notification a muni- cipal service or services (to be called by such designation as may be specified in the notification) of-

(i) Chief Officers of such municipalities , and

( ii) all or any other officers referred to in sub -section ( 2) of section 47;

(b) direct from time to time that each such municipal service shall consist of such classes, cadres and posts ( including grades of posts ) ; and

(6) specify the initial strength of officers in each such class or cadre .

INDEX (2) The State Government may make rules for,-

(a) regulating the mode of recruitment by holding examinations or otherwise, includingprovision for the absorption in municipal service constituted under this section; or otherwise , of persons already working under any municipality;

(b) providing for terminal benefits such as compensation, pension or gra- tuity or the like , to persons who elect not to be absorbed in any such service or who elect to retire ; and

provided that the conditions of service of any person absorbed in any such service shall not be less advantageous than those applicable to him immediately before such absorption .

(3) The provisions of section 48 shall cease to apply to person's appointed to or absorbed in such municipal services constituted under this section:

Provided that , such cessor shall not, in relation to persons absorbed , in any such service, affect the previous operation of section 48 in respect of anything done or omitted to be done before such absorption .

(4) Notwithstanding anything contained in sub- section (4) of section 47 , the power to appoint officers of any municipal service constituted under this section including promotions , transfers , and powers in relation to all matters regarding their conditions of service shall vest in the State Government .

(5) The officers included in any municipal service constituted under this section shall be the servants of the State Government; but they shall draw their salaries and allowances directly from the municipal fund .

(6) There shall be paid every year out of the municipal fund to the State Government such cost as the State Government may determine on account of pension, leave and allowances other than those drawn from the municipal fund, un- der sub -section ( 5) of the officers belonging to any of municipal services consti- tuted under this section and all the expenses incurred by the State Government for administering the municipal service or services constituted under this section . If any municipality fails to pay such cost and expenses or the sala- ries and allowances of such officers within the period prescribed in this behalf , then the provision of sub -section ( 3) of section 262 shall apply to the payment of such cost and expenses or the salaries and allowances of such officers as they apply in relation to the payment of the expense and remuneration not paid under that section .

Imposition of penal- ties , 48. (1) Without prejudice to the provisions of any law for the time being in force, and subject to any rules made under section 47A, the following penalties may, for good and sufficient reasons be imposed upon any officer or servant of a municipality , namely:-

(i) censure,

( ii) withholding of increments or promotion including stoppage at an efficiency

bar ;

( iii) reduction to a lower post on a fixed pay or a time - scale or to a lower stage in a time -scale ;

(iv) recovery from his pay of the whole or part of any pecuniary loss caused to the municipality by negligence or breach of orders ;

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1994

20-4

(v) fine;

(vi) suspension ;

(vii) removal from service , which does not disqualify him from future employ ment;

(viii) dismissal from service, which ordinarily disqualifies him from future employment .

(2) Any of the penalties mentioned in sub -section (1) may be imposed on an officer or servant of a municipality by the authority competent to make the appointment of such officer or servant .

(3) No officer or servant shall be reduced to a lower post or removed or dis- missed from service and no punishment involving any monetary loss shall be imposed. on him under thisthis section unless he has been given aiven a reasonable opportunity of showing cause against such reduction , removal, dismissal or punishment :

Provided that this sub-section shall not apply-

(a) where a person is reduced , removed or dismissed or punished on the ground of conduct which has led to his conviction or a criminal charge , or

(b) where the competent authority is satisfied that , for reasons to be' recor ded in writing by such authority; it is not reasonably practicable to give to such person an opportunity to show cause .

(4) An appeal shall lie to the authority mentioned in column (2) of the table below against any order imposing any penalty made by the authority mentioned in column ( 1)of the said table .

TABLE

Superior authority to which appeal may lie.

Authority imposing the penalty

(2)

(1).

Executive Committee

Chief Officer

Municipality

Executive Committee or President

Director

Municipality

(5) No such appeal shall be entertained unless it is preferred within one montli from the date of receipt of the order appealed against by the officer or servant concerned .

49. (1) The Chief Officer shall,-

Powers s and duties of Chief Officer,

(a) subject to the control, direction and. supervision of the President, supervise the financial and executive administration of the municipality and perform such duties and exercise such powers as may be imposed or conferred upon him or delegated. to him by or under the Act .

(b) take steps to give effect to all the decisions or resolution's of the Municipality;.

INDEX PART IV ]

20-5 GUJARAT GOVERNMENT GAZETTE EX . , 27-7-1994

(d) subject to the orders of the municipality, take prompt steps to remove any irregularity pointed out by an auditor ;

(e) prepare budget estimates and submit them to the executive committee ;

(f) report all cases of fraud , embezzlement , theft or loss of municipal money and property to the President and the relevant Committee ;

(g) exercise supervision and control over the acts and proceedings of all the officers and servants of the municipality ;

(h) subject to the rules , by -laws, and general or special orders made under the Act, determine all questions relating to pay, allowances , leave and other bene- fits in respect of the officers and servants of the municipality ;

(i) furnish to the Collector or such other officer as the Collect or shall from time to time nominate in this behalf, a copy of every resolution passed at any meeting of the municipality.

(2) The Chief Officer may with the previous sanction of the Director delegate any of the powers or duties to any municipal officer or servant :

Provided that , such delegation shall be subject to such limitations , if any , as may be prescribed by the Director and also to the control and revision by the Chief Officer .

50. (1) A municipality may with the previous sanction of the Director, create such posts of officers and servants other than those specified in sub - sections (1) and (2) of section 47 as it shall deem necesssary for the purposes of carrying out the duties under the Act .

(2) The recruitment of such officers and servants and their condition of service shall be such as may be determined in accordance with rules made under section 271..

Appoint- other ment of officers and ser- vants of the muni- cipalities .

(3) The power to - make appointment in any post referred to in sub - section (1 ) shall vest in the municipality Or in the authority empowered by the municipality by rules made in this behalf under section 271." .

3. In the principal Act , after section 129 , the following new section shall be inserted, namely:-

Insertion of new section 129A. in Guj. 34 of1964.

Farming of octroi .

" 129A ( 1 ) Subject to such rules as the State Government may make in this behalf, it shall be lawful for a municipality, to lease by public auction or private contract the collecting of octroi ;

(2) All sums payale under the terms and conditions of the lease , if not paid., shall be recoverable as arrears of land revenue .

IV-Ex-20-2

INDEX [PART IV 20-6

GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1994

(3) The lessee and every person employed by the lessee to assist him in the collection of octroi shall be deemed to be appointed by the municipality to collect the same under this Act and shall exercise all the powers and be subject to all the responsibilities attaching to persons appointed to collect such octroi under this Act .

(4) Any rulesor orders for the levy, collection and recovery of any such octroi shall have effect subject to the provisions of this section. " . '

4. In the principal Act , section 273 shall be deleted .

Deletion of section 273 ofGuj . 34 of1964 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR,

INDEX REGISTERED NO . G /GNR/2 Extra No. 21

सत्पमेय नगरे

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

WEDNESDAY , JULY 27, 1994 / SRAVANA 5; 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 27th July , 1994 is hereby published for general information .

KUM H.K. JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department.

GUJARAT ACT NO . 16 OF 1994 .

(First published, after having received the assent of the Governor in the " Gujarat Government Gazette " on the 27th July , 1994) .

AN ACT

further to amend the Gujarat State Guarantees Act , 1963.

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows :-

Short title, 1. This Act may be called the Gujarat State Guarantees (Amendment ) Act , 1994 .

Guj . XXII of1963 .

2. In the Gujarat State Guarantees Act , 1963 , in section 2 , in sub -section (1), for the letters and figures "Rs . 60,00,00,00,000 " , the letters and figures "Rs . 80,00,00,00,000 " shall be substituted .

Amend- ment of section 2 ofGuj . XXII of 1963.

21-1

IV-Ex- 21-1

Bess line

INDEX Extra No. 22

REGISTERED NO. G/GNR/2.

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ]

WEDNESDAY, JULY 27 , 1994 / SRAVANA 5, 1916

Separate paging is given to this Part in order that it ansy be filed as a separate compilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated Regulations made by the Govermor.

The following Act of the Gujarat Legislature , having been assented to by the Governor' on the 27th July, 1994 is hereby published for general information.

KUM H. K. JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 17 OF 1994 .

(First published , after having received the assent of the Governor in the " Gujarat Government Gazette " on the 27th July , 1994) .

AN ACT

further to amend the Gujarat Co -operative Sociottes Act , 1961 .

It is hereby enacted in the Forty - fifth Year of the Republic of India as follows: --

Short title .

1. This Act maybe called the Gujarat Co -operative Societies (Amendment) Act , 1994.

Guj . of 1962.

2. In the Gujarat Co- operative Societies Act , 1961 ( hereinafter referred to as ' the principal Act' ) , in section 68, for the figures and words " 12 per cent . ", the figures and words " 15 per cent ." shall be substituted .

Amend- ment of section 68 ofGuj . of1962 .

3. In the principal Act , for section 69 , the following shall be substituted, namely:-

IV -Extra -22-1

Substi- tution of section 69 ofGuj . of1962 .

INDEX GUJARAT GOVERNMENT GAZETTE EX . , 27-7-1994

PART IV]

"69. (1 ) Every society which declares , out of the current year's profit , a dividend . to its members at a rate of 3 per cent . or more , shall contribute towards the education fund of the Gujarat State Co-operative Union at such rate as may be prescribed .

(2) No society , liable to contribute towards the education fund, shall pay a divis dend to its members , unless the said contribution is made to the Gujarat State Co-opera- tive Union within two months from the date on which its accounts are adopted by the general body of members at its annual general meeting .

Contri- bution to educa- tion fand of the Gujarat State operative Union.

(3) An efficer wilfully failing to comply with the requirements of this section, shall be personally liable for making good the amount to the Gujarat State Co-operative Union.

Explanation : In this section the expression 'Gujarat State Co -operative Union means federal society established for the State of Gujarat with the object of giving training facilities for familiarising, promoting or encouraging in co-operative movement .".

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO. G/GNR/2.

Extra No. 23

सत्यमेव मक्ते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

WEDNESDAY , JULY 27 , 1994/ SRAVANA 5, 1916

Vot . XXXV ]

Separate paging is given to this Part in order that it may be filed as a separate complation.

PART- IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature , having been assented to by the Governoron the 27th July, 1994 is hereby published for general information .

KUM. H. K. JHAVERI,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 18 OF 1994 .

(First published , after having received the assent of the Governor in the " Gujarat Government Gazette" on the 27th July, 1994. )

AN ACT

to authorise payment and appropriation of cortian sums from and out of the Conso- lidated Fund of the State of Gujarat for the services of the financial year ending on the thirty- first day of March , 1995 .

It is hereby enacted in the Forty- fifth Year of the Republic of India' as follows:-

1. This Act may be called the Gujarat Appropriation Act , 1994.

Short title .

With- drewal of Rs . 70,24,33,39 2. From and out of the Consolidated Fund of the State of Gujarat , there may be withdrawn sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of seven thousand twenty - four hundred crores, thirty -three lakhs, thirty-nine thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1994--95 in respect of the servies and purposes specified in column 2 of the Schedule .

000 from and out of the Consol- idated Fund of the State ofGujarat for the financial year 1994-95 ,

Appro- priation.

23-1

IV . Extra -23-1

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX,. 27-7-1994

23-2

THE SCHEDULE

(See sections 2 and 3 ) .

No. of Services and purposes

Vote/ Appro-

priation

Revenue

1. Agriculture, Co -operation and Rural Development Department

Revenue

2. Agriculture

Capital

Revenue

3. Minor Irrigation Soil Coserva- tion and Area Development .

Capital Sums not exceeding

Voted

Total Charged on the Consolidated Fund

Rs .

1,60,31,000 1,60,31,000

1,76,42,69,000 1,76,42,69,000

10,03,33,000 10,03,33,000

19,76,13,000 19,76,13,000

56,67,000 56,67,000

22,81,25,000 22,81,25,000

Revenue

4: Animal Husbandry and Dairy Development .

Capital

2,67,000 2,67,000

8,13,95,000 8,13,95,000

Revenue

5. Fisheries

Capital

Revenue 6. Co- operation

Capital

Revenue

8. Education Department .

Revenue 9. Education

Capital

Revenue

Other Expenditure pertaining to Education Department .

Revenue

11. Energy and Petro- Chemicals Department .

Revenue

12. Tax collection charges (Energy and Petro-chemicals Department).

9,01,84,000 9,01,84,000

12,74,27,000 12,74,27,000

7,45,59,000 7,45,59,000

89,20,000 89,20,000

10,42,89,82,000

24,48,00,000

10,18,41,82,000

3,16,42,000 3,16,42,000

36,57,000 36,57,000

1,74,99,000 1,74,99,000

2,03,33,33,000 2,03,33,33,000

Revenue

13. Energy Projects . :

Capital

Capital 14. Other Expenditure pertaining . to Energy and Petro -chemicals Department .

INDEX

2,35,90,50,000 2,35,90,50,000 23-3

GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1994

PART IV]

Services and purposes

No. of

--Vote/

Appro-

priation

Revenue

15. Finance Department

Capital

Revenue

16 ... Tax Collection Charges (Finance Department)

Revenue

17. Treasury and Accounts Administration

Revenue

18. Pension and other Retirement Benefits

Revenue

19. Other Expenditure pertaining to Finance Department

Capital

Revenue

20.

Capital Repayment of Debt pertaining to Finance Department and its Servicing

Sums not exceeding

Total Voted

Charged on the Consolidated Fund

Rs .

Rs.

1,77,90,000 1,77,90,000

2,37,000 2,37,000

21,28,51,000 21,28,51,000

12,29,20,000 12,29,20,000

1,71,48,34,000

2,67,000

1,71,45,67,000

3,23,90,25,000 3,23,90,25,000

80,67,000

67,000

7,11,58,63,000 7,11,58,63,000

8,93,53,55,000

1,91,37,000

. Revenue

21. Tood and Civil Supplies Department

Revenue

22. Civil Supplies

Capital

Revenue 23. Food

Capital

Revenue

25. Forest and Environment Department

Revenue 26. Forests

Capital

Revenue 27. Environment

Revenue 29. Governor

Revenue

30. Council of Ministers

Revenue 31. Elections

Revenue

32. Public Service Commission.

INDEX

1,91,37,000

12,98,51,000 12,98,51,000

67,000 67,000

3,70,97,000 3,70,97,000

16,67,000 16,67,000

45,57,000 45,37,000

28,91,70,000

30,54,51,000 30,54,51,000

1,12,00,000 1,12,00,000

51,37,000

1,49,42,000 1,49,42,000

15,27,01,000 15,27,01,000

1,01,13,000 20,03,000

81,10,000 23-4

GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1994

[PART IV

No. of Services and purposes

Sums not exceeding

Voted

Total Vote/ Appro- priation

Charged on the Consolidated Fund

Rs.

Rs .

Revenue

6,30,81,000

6,30,81,000 33. General Administration Department

Revenue

34. Economic Advice and Statistics

2,95,12,000

Revenue

28,92,31,000

35. Other Expenditure pertaining to General Administration Department

Revenue

2,67,000

2,45,71,000

2,48,38,000

36. State Legislature

Revenue

1,38,73,000

38. Health and Family Welfare Department

Revenue

1,97,15,22,000

Medical and Public Health

39.

Revenue

45,06,67,000

Family Welfare

40.

Revenue

مدو

45,26,10,000

41. Water Supply

1,11,11,00,000

Capital

16,95,97,000

Revenue

16,95,97,000

42. Other Expenditure pertaining to Health and Family Welfare Department .

Revenue

1,12,13,000

43. Home Department

2,12,72,24,000

Revenue 2,12,72,24,000

44. Police

Revenue

5,88,70,000

45. Jails

7,99,75,000

Revenue

7,99,75,000

46. Transport

1,86,00,000

Capital

16,04,35,000

Revenue

86,000

16,03,49,000

47. Other Expenditure pertaining to Home Department

7,41,67,000

Capital

Revenue

73,17,000

58. Industries and Mines Department

15,97,80,000

Revenue

15,97,80,000

49. Stationery and Printing

52,67,40,000

Revenue

52,67,40,000

50. Industries

1,31,79,52,000

Capital

5,44,93,000

Revenue

5,44,93,000

51. Mines and Minerals

31,77,000

Revenue

Capital

52. Other Expenditure,pertaining to Industries and Mines Department.

INDEX 28-5

GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1994

PART IV]

No.of Services and purposes

Vote/ Appro-

priation

Revenue

53. Information , Broadcasting and Tourism Department .

Revenue

54. Information and Publicity

Capital

Revenue 55. Tourism

Capital

Revenue 56. Other Expenditure pertaining to Information , Broadcasting and Tourism Department .

Revenue 57. Labour and Employment Department .

Revenue

58. Labour and Employment

Capital

Revenue 60. Legal Department

Capital

Revenue 61. Administration of Justice

Revenue 62. Other Expenditure pertaining to Legal Department .

Revenue 63. Legislative and Parliamentary Affairs Department .

Revenue 65. Narmada and Water Resources Department

Capital 66. Narmada Development Scheme .

Revenue 67. Irrigation and Soil Conservation

Capital

Revenue 68. Other Expenditure pertaining to Narmada and Water Resources Department .

Revenue 69. Panchayats and Rural Housing Department .

Revenue 70. Community Development

Capital

IV-Ex.-23-2

INDEX

Sums not exceeding

Total Voted Charged on the consolidated Fund .

Rs .

19,80,000 19,80,000

10,03,74,000 10,03,74,000

2,28,50,000 2,28,50,000

28,00,000 28,00,000

93,53,000 93,53,000

46,85,000 46,85,000

33,99,42,000 33,99,42,000

1,33,000 1,33,000

94,13,000

17,000 17,000

28,63,45,000

3,19,57,000

25,43,88,000

92,61,000 92,61,000

50,80,000 50,80,000

1,25,40,000 1,25,40,000

5,11,28,29,000

3,40,69,42,000

1,18,82,55,000

9,33,000 9,33,000

76,22,000

58,06,23,000 58,06,23,000

5,53,000

5,53,000 23-6

[PART IV

GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1994

No.of

Services and purposes

Vote/

Appro- priation.

Sums not exceeding

Voted

Total Charged on the Consolidated Fund .

Rs ..

Rs.

Rs .

Revenue

71. Rural Housing

Capital

72. Compensations and Assignments

19,63,40,000 33,67,33,000

53,30,73,000

1,54,67,000

11,21,89,000

Revenue

73. Other Expenditure pertaining to Panchayats and Rural Housing Department .

11,21,89,000

6,56,07,000

Revenue

74. Revenue Department

Revenue

25. Tax Collection. Charges Revenue Department .

Revenue 76. District Administration

Revenue 77. Relief on account of Natural Calamities.

Capital 2,01,03,000

2,01,03,000

19,22,23,000

18,67,000 19,40,90,000

19,09,93,000

56,50,00,000

16,67,000

Revenue

Dangs District

78.

Capital

Revenue 79. Compensations and Assignments

Capital 8,86,73,000

8,86,73,000

33,000

5,03,63,000 . 28,47,000 5,32,10,000

38,00,000

29,33,000

67,33,000

3,000

31,60,000

31,63,000

Revenue

80. Other Expenditure pertaining to Revenue Department ..

Capital 6,80,000

6,80,000

1,67,43,000

Revenue

81. Roads and Buildings Department

Revenue

Non -Residential Buildings

82.

Capital 61,24,68,000

2,08,000 61,26,76,000

22,31,21,000

26,18,33,000

Revenue

83. Residential Building

Capital

Revenue Roads and Bridges

84.

Capital

85. Ports .

Capital

26,18,33,000-

5,22,41,000

1,54,95,05,000

32,94,67,000

5,46,67,000

Revenue

86. Gujarat Capital Construction Scheme.

Capital

INDEX

1,51,29,00 1,51,29,000

4,81,67,000 4,81,67,000 23-7

GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1994

PART IV]

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation.

Charged on the Consolidated Fund 3

Rs .

4,49,20,000

14,49,20,000

Revenue

87. Other Expenditure pertaining to Roads and Buildings Deaprtment

33,34,000

Capital

Revenue

65,82,000

88. Social Welfare and Tribal Development Department

1,57,90,000

Revenue

89. State Excise

48,16,82,000

Revenue 48,16,82,000

90. Social Security and Welfare

93,33,000

Capital

18,11,39,000

Revenue

18,11,39,000

91. Welfare of Scheduled Tribes

34,53,000

Capital

Revenue

78,26,40,000

93. Special Component Plan for Schedule Castes

6,25,47,000

Capital

16,25,47,000 -

Revenue

1,86,14,57,000

94. Tribal Area Sub -Plan

66,48,07,000

Capital

43,83,000

Revenue

95. Urban Development and Urban Housing Department

10,53,33,000

Revenue

6,18,70,000

4,34,63,000

96. Urban Housing

3,63,53,000

Capital

31,99,59,000

Revenue

31,99,59,000

97. Urban Development

14,33,33,000

Capital

21,11,35,000

Revenue

4,15,62,000

16,95,73,000

98. Compensations , Assignment and tax collection charges

75,41,000

75,41,000,

Revenue

99. Other Expenditure pertaining to Urban Development and Urban Housing Department

21,00,000

Revenue

21,00,000

100. Youth Services and Cultural Activities Department

Revenue

5,84,19,000

101. Youth Services and Cultural Activities .

Total Revenue

47,85,32,26,000

7,85,15,77,000

40,00,16,49,000

8,93,89,08,000 22,39,01,13,000

13,45,12,05,000

Capital

Grand Total

70,24,33,39,000 ,

16,79,04,85,000

53,45,28,54,000

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTEREL NO . G/ GNR/2.

Extra No. 24

सत्यमेव ममते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, SEPTEMBER 13, 1304 BHADRA 22, 1916 .

Vol . XXXVJ

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .

The following Act of the Gujarat Legislature , having been assented to by the President on the 10th September, 1994 is hereby published for general information .

KUM . H. K. JHAVERI ,

Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Dept.

GUJARAT ACT NO . 19 OF 1994 .

(First published , after having , received the assont of the President in the " Gujarat Government Gazette " on the 13th September, 1994 ) .

AN ACT

further to amend the Bombay Inams (Kutch Area) Abolition Act . 1958 for certain purposes .

It is hereby enacted in the Forty- fifth Year of the Republic of India as foollws :----

Short title.

1. This Act may be called the Bombay Inams (Kutch Area) Abolition (Gujarat Amendment) Act , 1994 .

2. In the Bombay Inams (Kutch Area) Abolition Act , 1958 (hereinafter referred to as "the principal Act " ) , in the section 14, after sub -section (4) , the following sub- section shall be inserted, namely :-

Bom . XCVIII of1958 .

" (5) Notwithstanding the expiry of the period specified in sub -section (4) , the claim may be notified by a creditor under sub-section (2 ) before the end of December , 1994."

Amend- ment of section 14 of Bom. XCVIII of 1958 .

3. In the principal Act , after section 16C, the following new section shall be inser- ted, namely :

Insertion of new section 16D in Bom. XCVIII of 1958.

-24-1

IV-Extra- 24-1

INDEX 24-2

[PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 13-9-1994

"16D. (1) Notwithstanding the expiry of the period specified in section 16C for making an application for compensation under section 15 or 16 , any person claiming compensation under section 12, 13 or 16 may make an application there- for to the Collector before the end of December , 1994 .

Further extension of time for making applica- tion for coempen- sation.

Guj . 19 of 1994 .

(2) Whore an application for compensation made by any person before the soimmensement of the Domaby Inams (Kutch Area) Abolition (Gujarat Amendment) Act, 1994 was not admitted by the Collector , such person shall also be entitled to mako an application under sub - section (1).

(3) On receipt of an application under sub - section ( 1) , the Collector shall admit the same and all the provisions of this Act shall apply to the application as if it were an application made within the period prescribed under section 15 or, as the case may be, under section 16 :

க்

a Provided that if the Collector refuses to admit such application, the applicant may make an appeal to the State Government against the order of the Collector within period of three months from the date of the order and the State Government may pass such order thereon as it may deem fit . " .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX